charging order hearing in need of some advice

[skilganon]

Re: charging order hearing in need of some advice

yes i would appreciate you taking a look, the CT situation is a very awkward one as i am in quite a lot of arrears some of which i dont even owe !, i am doing my best to sort it out but the council refuse to either help or listen.

my CT situation is a WHOLE new episode in our struggle for survival.

[Amethyst]

Re: charging order hearing in need of some advice

Just thinking have you ever checked on http://benefits-calculator.turn2us.org.uk/AboutYou to make sure you're getting everything you're entitled to?

Received FS ok Ta xx

Only thing jumps out instantly is electric - does that include arrears?
Also need to list other debts

Looking at rest now xx

[Amethyst]

Re: charging order hearing in need of some advice

Can you outline/breakdown your income and your wifes income pls, include Number of hours worked per week. Email again is ok if you'd rather keep it private. Also your ages. Or please go through the turn 2 us calcs for me please and let me know the results.

[FlamingParrot]

Re: charging order hearing in need of some advice

i have just completed only part of my financial statement and it is coming up negative, which i expected as currently with my wifes condition and her being on sick pay only, we are unable to eke out a living, there are things that we havent included such as CT arrears and water arrears.

i am assuming that a negative figure will go against us, as it shows we will be unable to keep up the payments ?

This is a CO hearing and the court is likely to grant the CO even if you were able to make substantial repayments. You can't be ordered to pay what you haven't got, not even by the court, and there are people who have COs and pay just £1/pcm tokens towards the CCJs secured on them. It's best to make sure you can afford whatever you offer (even £1/pcm) in the long term, because the arrangement will be formalised by the court and you don't want the court to order repayments you won't be able to maintain. If that was the case you could be facing further enforcement action (it is possible to enforce a judgment in more than one way, i.e. with a CO AND an attachment of earnings) and you'd need to go back to the court to apply for a variation.

If you are not in a position to make a repayment offer, then you shouldn't use that as a condition to avoid enforcement of the CO as I mentioned above, however, you can still use other arguments such as an ill or disabled person living in the property. :thumb:

yes i would appreciate you taking a look, the CT situation is a very awkward one as i am in quite a lot of arrears some of which i dont even owe !, i am doing my best to sort it out but the council refuse to either help or listen.

my CT situation is a WHOLE new episode in our struggle for survival.

When you get a chance, it would be good if you could start another thread about this, there are quite a few Beagles with knowledge and experience of CT issues. :beagle:

[skilganon]

Re: charging order hearing in need of some advice

amethyst, FP, cant thank you enough,

we will be able to maintain 20 pound pcm, as thankfully we have a number of good family members who would help with such a small amount each month.

will check on the benefits calculator, worth a try

re electric, no, no arrears we have a pre payment meter so pay as we go if you like, that figure is a weekly average over a year, i have a letter somewhere from the supplier which states our expected consumption over the next 12 months which will prove what i have stated. we are ALL electric, heat,light, hot water everything so when you take that into consideration maybe doesnt seem so bad?

yes will give you a breakdown of income would rather keep private tbh.

FP will probably start a new thread re CT maybe worth a go, i have contacted my local MP too who is awaiting a letter from me but just cant get around to doing it

[skilganon]

Re: charging order hearing in need of some advice

Hi all,

overslept this morning!!! first time for as long as i can remember !! need to get on and get this paperwork sent to the court asap.

i will complete the letter to court and attach it to my post, i would appreciate if someone could just check for any glaring mistakes. tbh it will be very very similar to the one amethyst kindly posted as it was so close to the mark.

thank you all

[FlamingParrot]

Re: charging order hearing in need of some advice

amethyst, FP, cant thank you enough,

we will be able to maintain 20 pound pcm, as thankfully we have a number of good family members who would help with such a small amount each month.

You need to make sure you can maintain such level of payments in the long term, ideally without having to resort to contributions from others.

I have just located the post on another site where the OP managed to get the judge to agree to put in a condition that, as long as they paid £1/month, the creditor could not apply for an order for sale, it is possible! :grin: :thumb:

Sorry to keep you all waiting... (been busy).
The bad news was that they granted the Charging Order, the DJ based this on the fact that I'd already admitted the debt and had a CCJ for £330.02 a month against. However because I'd been paying the £1 per month he put in a condition that as long as I paid £1 per month without fail Hillesden Securities (DLS) couldn't apply for sale of the house, the solicitor for them reluctantly agreed and that was it. Not a good result in the long term but for now it was quite an escape.

will check on the benefits calculator, worth a try

re electric, no, no arrears we have a pre payment meter so pay as we go if you like, that figure is a weekly average over a year, i have a letter somewhere from the supplier which states our expected consumption over the next 12 months which will prove what i have stated. we are ALL electric, heat,light, hot water everything so when you take that into consideration maybe doesnt seem so bad?

Prepayment meters work out more expensive than ordinary billing, and you should make sure you're not leaving yourself and your family without proper heating next winter (which, in this country, seems to last most of the year), for the sake of paying this CCJ.

FP will probably start a new thread re CT maybe worth a go, i have contacted my local MP too who is awaiting a letter from me but just cant get around to doing it

[Amethyst]

Re: charging order hearing in need of some advice

Prepayment meters work out more expensive than ordinary billing, and you should make sure you're not leaving yourself and your family without proper heating next winter (which, in this country, seems to last most of the year), for the sake of paying this CCJ

Sorry FP - prepayment is no longer allowed to cost any more than 'ordinary billing' the only bit you can't get is the pay by direct debit 'discount', and some tariffs are DD only..... But it gives you a LOT more control over your electricity expenditure and makes you a lot more aware of how much different things cost you. Discussion for another time probably but I will never go back to 'ordinary' electric or gas billing.

[skilganon]

Re: charging order hearing in need of some advice

thank again FP,

feeling a little better about all this, i think i will carefully go through my FS once again and try and come up with a realistic one, thank you for the information from the other thread, maybe i will get a judge who thinks along the same lines:thumb:

to cover all bases: what if, on friday, the judge asks why i havent paid or offered to pay a penny since the CCJ was issued last march?

i know this is all assumption but just trying to cover all eventualities, have been to court twice once for repo where the judge was fair and listened to both sides, and once for this case where i was treated like i was a piece of dirt on the bottom of a shoe, and everything i said was totally ignored, i may as well have not been there.

[skilganon]

Re: charging order hearing in need of some advice

FP and amethyst,

you are both correct on this, i would never go back to billing again, you have control of your finances much better this way.

but it does costs more as they apply a charge for using a meter, i have all of my stats. will have a look some time the charges are all on there. another time.

[skilganon]

Re: charging order hearing in need of some advice

Hi All,

i have completed my statement to be sent to the courts would greatly appreciate it if any of you guys would take a glance and give it the thumbs up or thumbs down


IN THE LINCOLN COUNTY COURT

Case No. xxxxxxxxxx

BETWEEN :-

Claimant


-and-

Defendant



FIRST WITNESS STATEMENT OF SKILGANON


I, SKILGANON, of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx will say as follows;


1. I make this Witness Statement for the Court’s consideration of the Claimant’s application for a Final Charging Order over my property at xxxxxxxxxxxxx.
2. In March 2013 the Claimants obtained a judgment for £8,695.58 plus £7,882.20 in costs totalling £16,577.78



1. The debt was made up of a loan I had to purchase a car to enable me to perform my duties and obligations for my current employer. In august 2010 I was made redundant and struggled to keep up with the payments. In late October 2010 I spoke to the claimant explaining my situation to try and come to an affordable arrangement, it was during this call that I was made aware that my payments were covered by a payment protection insurance policy. I tried to claim on the Payment Protection Insurance Policy attached to the loan to cover my payments but was unable to do so. I tried to reclaim the PPI payment as missold but as the case was already in the courts I was unable to do so and the sum paid for PPI at the beginning of the loan is included within the judgment debt.



1. I do not understand why this case has been transferred to this Court as it is 40 miles away from my home. My local court is XXXXXXXXXXXXX.




1. The Claimants bought the case to court and were awarded a County Court Judgment against me.
2. The Claimants Solicitors notified me of their intention to apply for a Charging Order against my property at xxxxxxxxxxxxxxxx in a letter Dated 29^th April 2014.
3. I am willing to accept the charging order over the property as I understand the claimants need a security on the debt, however I wish to make the court aware of the following and wish to ask the court to put a hold on any future action and not allow any application for an order for sale;
4. This property is my main and only residence and I live there with my wife xxxxxxxxxxxxxxxxx
5. The property is owned jointly with my wife xxxxxxxxxxxxxxxxxxx.
6. My Wife has now been diagnosed as suffering from depression and has been signed off work, and is in receipt of sick pay only, she also suffers from type 2 diabetes.
7. The property has been our home for 15 years and is located close by my wifes parents ( 50 metres) who currently manage to live independently due to the fact that we are main carers for them, as my wife’s mother suffers from advanced alzheimers and my wifes father suffers from a heart condition and we are on call 24 hours a day.
8. The property does have a small amount of equity within it however I have several other unsecured debts. This is detailed on the income and expenditure sheet attached (exhibit D).
9. I have a mortgage on the property currently standing at £94,778.76. The property is currently valued at around £112,000, there is a suspended repossession order which we are paying at the moment and the arrears on this stand at £1152.61
10. I am able to afford to make instalment payments to this county court judgement of £5.00 per month and I am happy to review this figure with a view to increasing it at 6 monthly intervals as my circumstances and financial position allow. I hope making these payments will allow my wife and I to keep living in our home.
11. A full current financial breakdown is attached to this statement (exhibit D)

I believe the facts stated within this Witness Statement to be true and include exhibits comprising of xx pages.

Signed:
Dated:

[Amethyst]

Re: charging order hearing in need of some advice

Ref: 8. The property does have a small amount of equity within it however I have several other unsecured debts. This is detailed on the income and expenditure sheet attached (exhibit D).

Have you detailed your other debt on the IE sheet now?

[Amethyst]

Re: charging order hearing in need of some advice

Change where it says (exhibit D) to say (exhibit A) as there is only your IE sheet being attached.

Fill in addy and wife's name and I think it'll be good to go.

[skilganon]

Re: charging order hearing in need of some advice

thank you amethyst,

yes the house does have some equity in it which is a concern, not sure how accurate the value is but it always states on the mortgage statement that this is NOT a redemption figure so dont know how much it would actually cost to sell the property and what would be left.

i will send you a copy of the amended FS statement to see if it is ok, i dont know how to put in arrears outstanding for council tax or for water, as we are in arrears with both.

[Amethyst]

Re: charging order hearing in need of some advice

You;d put those separatly as debts in the debt section.