charging order hearing in need of some advice

[skilganon]

Re: charging order hearing in need of some advice

ahh,

never thought of it that way, thank you, will start a new thread though so as not to cause confusion

[skilganon]

Re: charging order hearing in need of some advice

hi all,

keep your fingers crossed for me

[FlamingParrot]

Re: charging order hearing in need of some advice

We will! ray: ray: ray:

Do post up as soon as you can :typing:

[skilganon]

Re: charging order hearing in need of some advice

hi all,

it didnt go well, and i blame myself totally.

the judge decided he would misunderstand, misread, misconstrue my witness statement and i ALLOWED it to happen without saying a word !!

he opened with

mr xxxxxx, i see you entered a witness statement, to which i confirmed.

he then stated " well it is clear to me that you think this is a hearing to force the sale of your home, that is not what we are here for, therefore i am going to order that the charge is to continue unmodified "

and i said NOTHING,

he then asked if i understand ( stand under ) his order, i replied not really, he repeated that this is not a hearing to force the sale of your home, and there are costs involved which you will have to pay which will be added to the sum claimed, 253 pound, i suggest you now contact the claimant to discuss proposals for payment.

and again i did NOTHING.

so that has now opened the door for them to apply for the sale of my home as i think we all know they will NOT accept my payment proposals.

i despise myself for my inactions today, i knew what i went in there to achieve, and did nothing.

[FlamingParrot]

Re: charging order hearing in need of some advice

it didnt go well, and i blame myself totally.

Don't be so harsh on yourself. :_tighthug__by_darkm It can be hard to discuss things with a judge, and let's not forget that judges deal with all sorts of civil matters, they are not specialists in this particular area.

he then stated " well it is clear to me that you think this is a hearing to force the sale of your home, that is not what we are here for, therefore i am going to order that the charge is to continue unmodified "

and i said NOTHING

he then asked if i understand ( stand under ) his order, i replied not really, he repeated that this is not a hearing to force the sale of your home, and there are costs involved which you will have to pay which will be added to the sum claimed, 253 pound, i suggest you now contact the claimant to discuss proposals for payment.,

This would all have been based on your own statement, not least paragraph 3:

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;

so that has now opened the door for them to apply for the sale of my home as i think we all know they will NOT accept my payment proposals.

ABSOLUTELY NOT! There are hundreds of thousands of people with charges on their homes, if you look around the forums you'll see how easy they are to obtain, almost every CCJ over £1000 recorded against a homeowner results in a CO now that the law allows the creditor to apply for one even when the debtor has not defaulted on their repayments. :rant: :rant: :rant: However, orders for sale are EXTREMELY RARE, they are rarely applied for and even when applied for, almost never granted for consumer credit debts under £25k. :grin: Orders for sale are much more common for business debts involving much larger sums.

Your payment proposals are backed by an income and expenditure statement, so they should be accepted. A court can't order you to pay what you haven't got! :nono:

i despise myself for my inactions today, i knew what i went in there to achieve, and did nothing.

You shouldn't feel like that, as I said above, charging orders are granted almost automatically and there's very little that can realistically be done to stop them. They are not the end of the world though, just a means of securing the debt on your home so if/when the property is sold, they know they'll get paid from the proceeds. :thumb:

[skilganon]

Re: charging order hearing in need of some advice

thank you FP,

had a long day, drove back from court straight to work until 9pm, feel better now i have read your last post.

my next task it to make an 'official offer' to the claimant as per the WS and IE, do i need to send a copy to the court ?

i am going to continue with this thread, as i have said before i believe there is something i can do to find some remedy in this case, i will have to get the trial bundle back from my parents as i left it there on the day of the case 5/3/13 its been there ever since !

there are docs i will need to attach to posts in the thread, i hope you will continue to post FP as i think you may find it interesting and i have no doubt you will have some wise words and sound advice to offer

[Amethyst]

Re: charging order hearing in need of some advice

Garr bloody Judges. Sorry he gave you a rough time, it was worth a shot at having a restriction put on the terms on the charging order, it does sound like he only skimmed your witness statement, and picked up on mention of sale order and made assumptions.

Did the claimants attend?

[FlamingParrot]

Re: charging order hearing in need of some advice

there are docs i will need to attach to posts in the thread, i hope you will continue to post FP as i think you may find it interesting and i have no doubt you will have some wise words and sound advice to offer

Yes to both! :thumb:

Garr bloody Judges. Sorry he gave you a rough time, it was worth a shot at having a restriction put on the terms on the charging order, it does sound like he only skimmed your witness statement, and picked up on mention of sale order and made assumptions.

Any conditions that can be put on a CO would refer largely to the enforcement of the order through an order for sale, which is why this was mentioned. But with judgments obtained after October 2012, a court cannot grant an order for sale unless the debtor defaults on their payments, so there's no longer a need to put that as a condition. :grin:

[Amethyst]

Re: charging order hearing in need of some advice

problem being no payments were ordered at all, only forthwith.

[FlamingParrot]

Re: charging order hearing in need of some advice

problem being no payments were ordered at all, only forthwith.

Forthwith can be varied. Not sure whether a redetermination (with no fee payable) would apply here because it has to be applied for within 16 days of the order being made.

[skilganon]

Re: charging order hearing in need of some advice

[QUOTE=FlamingParrot;442698]Yes to both! :thumb:

thank you, will make a start as soon as.

Garr bloody Judges. Sorry he gave you a rough time, it was worth a shot at having a restriction put on the terms on the charging order, it does sound like he only skimmed your witness statement, and picked up on mention of sale order and made assumptions.

Did the claimants attend?

i think the judge new what he was doing, they are intelligent people the WS was quite clear, also my IE was not mentioned at all.

the claimants just had council, the solicitor who represented them went in on 3 other cases whilst i was waiting ( 50 mins) for my case to be called.

she never uttered a word during the hearing, she had no need to, the judge gave them everything they wanted it took no more than 10 mins but cost me another 253 pound

its all a learning curve, i have been looking at law/litigation for the past 10 months and enjoy doing so, so i will continue, too much of my time is spent trying to keep afloat to spend the time i would really like studying it but i wont stop, i would really like to help others who are experiencing what i have been/ am going through right now.

i made that decision after my original trial for this particular debt.

[Amethyst]

Re: charging order hearing in need of some advice

Indeed. We were a tad short of time unfortunately.

[Amethyst]

Re: charging order hearing in need of some advice

also the £253 isn't costs because you went to the hearing, it was happening anyway and you'd have had those regardless.

[Wombats]

Re: charging order hearing in need of some advice

I view CO's as quite a good thing. As FP said, it is very rare for a forced sale to be allowed, and hopefully as house prices increase the amount of the CO will take less and less pro rata out of your equity. If you don't intend moving, it's really quite positive in many ways.

I love your last sentence. It was exactly that attitude of wanting to do anything I could to stop others going through what we as a family had been through that got me into consumer issues. I'm now quite keen on them.

[skilganon]

Re: charging order hearing in need of some advice

morning all,

as previously stated i would like to continue with this thread as i believe there is some form of remedy in this case.

as briefly as possible i will set the scene: ( early dates are approx):

in march/april 2007 i secured a job as a sales manager, the co. had a policy of the employee receiving a car allowance to provide their own vehicle rather than a co. car.

my choice was to go the contract hire route, monthly payments and all repairs services carried out by garage, expensive but piece of mind, payments covered by car allowance.

now in may/june 2008 the car was 'taken' and written off, the insurance co. assessed and paid out but the finance co. wanted a further 2600 ( approx) from me? i disputed this and it became a bit of a battle.

obviously this went on and i was under pressure from my co. to sort out a new vehicle to continue my job properly, this was proving difficult as the finance co. had defaulted me.

so i went to the rep. who i dealt with for my contract hire, who was aware of my situation, he had a vehicle for sale, ideal for my needs and he was confident he could sort me out a loan deal with another company ( black horse )

we discussed then what i wanted to pay each month etc etc, we also discussed 2 other things warranty and 'gap' insurance.

he came back to me with some figures what i would be paying each month and what i was getting.

so we have 1) money for the car
2) extended warranty
3) gap insurance policy

so i asked him if he could sort this out asap as i needed to get the car on the road.

this sets the scene from the beginning