Charging Order setaside but now new hearing

[benson]

Hi,

I am new to this forum, but could really do with some help, last week myself and my other half managed to get an interim charging order set aside (phew) but now we have under 2 weeks to file papers for a re-detemination hearing . I assume we have to provide a witness statement from our dmp provider together with statements from ourselves.

I wonder if any of you clever people can help me by working out what the following means ; There shall be a hearing of the defendants application for a re-determination of the judgement on xxxx with a time estimate of 1 hour , to provide for payment of statements to be served by 4pm on Tuesday December 2007. (I havent got a clue what provide for payment of statements means)

And also this bit:

4. Any directions agreements shall be filed and served no less than 7 days before the hearing.

Your help would be so appreicated.
Benson

[Amethyst]

Re: Charging Order setaside but now newhearing

Hey Benson xxx Lovely to see you over here.

With regards to that statement, I couldnt work it out either, so if you dont now then I assume it is a typo by the court clerk, or some obscure legal term we have never come accross.

Could you give the court a call in the morning and ask them....its usually the easiest way.

The date of the order you typed out for me with regards payments for statements was 11th September - is it definately 11th December ??- in which case I think we are meant to do something.

Directions and Witness statements will be fine - just find out what that bit means and we'll get a chivvy on.

You've had a read of Sapphires thread Hopefully thats given you some advice.

Is it okay to bring a few bits of your CAG thread over just to bring everyone else up to speed. I'll keep an eye on it over there too

And don't start stressing ! - Call the court tmw then let me know xxx

[benson]

Re: Charging Order setaside but now new hearing

Hi,
Its good to be here, thanks for the welcome. Will ring court tomorrow, and yes you are right supposed to read December not September for written stuff.

Kind regards,
Benson

[Amethyst]

Re: Charging Order setaside but now new hearing

Cool :kiss:

Talk tmw

[Amethyst]

Re: Charging Order setaside but now new hearing

Posts from OTR

How it worked with NR was they searched land registry on the 6th Aug before they informed usof their intention to go legal, so I would assume they then could go for Judgment knowing they could request payment forwith because they knew we had a property, the original judgment waas issued on the 13th Sept, and they slapped the interim order on on the 18th Sept, not allowing us a re-determination which of course you are allowed. So now we go back to post judgment and try and sort the mess out, of course their is a possibility they will go for an interim charging order again but will cross that bridge if and when,

Hi Womble,

Keeping up with Payments through Payplan as stated never missed one, have spoken to Land registry and have to fill in form and get the restriction removed from the property a the interim order is now void. Never want to go through that again so now I need a solid reason to get them to accept payment by installments. Hope all ok with you,
Benson05

Hi Womble,

Keeping up with Payments through Payplan as stated never missed one, have spoken to Land registry and have to fill in form and get the restriction removed from the property a the interim order is now void. Never want to go through that again so now I need a solid reason to get them to accept payment by installments. Hope all ok with you,
Benson05

Okay thats good

I wouldnt worry then now about the charging order - they may reapply at the redetermination hearing to have the charge placed on the property but it sounds as though the interim order has been discharged.

Sooo the next hearing is to determine your level of payments - you'll need your full financial statement and it would look good if you write to claimant offering to pay an affordable figure (probably the same as you were paying through payplan if you in a dmp or they could help u work it out) before the hearing. Then for the redetermination hearing I would submit a witness statement 7 days before outlining your offer to pay attaching your financial statement and any events led up to present day. Also reasons for not believing a charging order is the way to go - family home etc etc.

If the judge orders monthly payments which is what you want then they may reapply for a charge on the property to secure the debt.


I am assuming the judge will order a redetermination hearing - he might not and might just set the payments him self - he'll have all the info needed from your application Probably only needs be a hearing if the claimants dispute it.

[benson]

Re: Charging Order setaside but now new hearing

Hi,
I am going to have to get moving with this, do you think I should write to the creditor and offer apayment higher than that currently being offered by our DMP provider and send a copy of this to the court with my defence or do we just continue plugging the amount our dmp says we can pay and not make contact with the creditor. Also the set aside on the charging order worries me-according to the definition of set aside on the Ministry of Justice Act it means that the interim order is now void, however I amtold there is no grey area with charging orders the Judge actually has to discharge it or allow it, all I want to do is keep a roof over our heads and try o come to an agreement with the creditor which is manangeable. Any ideas most welcome.

Benson

[Amethyst]

Re: Charging Order setaside but now new hearing

What did the court say about the statement payment when you called them ?

All the judge has done is put of creating the interim order into a final charging order until payments are determined.

So you have to do your financial statement showing how much you can afford to pay - your payplan FS should suffice, and will attach to a witness statement.

Don';t let it get on top of you or confuse you...just work through it methodically. We need to know what that bit of the order means before we can do the next bit.

[benson]

Re: Charging Order setaside but now new hearing

Hi,
Have just spoken to the court and the paperwork should read to provide for payment by installments. Hopefully they are sending out a new copy, however it took overa week to get the last one.

Hope this helps,
Benson

[Amethyst]

Re: Charging Order setaside but now new hearing

Excellent.

Okay you need to write your witness statement but first thing to do is get your financial statement sorted out. Do you have a copy of your budgeting sheet from payplan ?

If you can get that and sort out exactly how much you can afford to pay each month, then have a look on saphirres thread at her witness statement you will get a good starting point. If you have a go at that I will help you edit it.

Additionally I would write to the claimants outlining the offer you intend to make including your first payment by cheque, and asking for a receipt in return and a full statement of your account. If you write a letter and paste it up here I'll help you with that too.

Hope that helps If you need help finding anything in Sapphys thread just yell.



And DON'T offer more than you CAN AFFORD. If you run into problems once this has been granted (although you can ask for redetermination again its only likely to be considered if you have a major change of circumstances) then the final charging order they will likely get to back up your installment plans, might turn into a sale order. And we don't want that.

They more than likely WILL ask for a charging order and will more than likely get it - its their security. Sale orders can only come if you breach the installment order.

[Paule]

Re: Charging Order setaside but now new hearing

Can I just ask what Payplan have said about all this.
Because they would have agreed the monthly payment with the creditor.
Also they will usually get involved if one of the creditors who they are managing start legal proceedings.

Sorry if this has already been answered elsewhere, but it may have some relevance if they are renegeing on an agreement already setup.

PKea

[benson]

Re: Charging Order setaside but now new hearing

Hi,

At present they are paid every month though Payplan, and have asked Payplan for another letter stating what we can pay. Regarding the charging order the Judge told them last time there was no point as the beneficail interest after Mortgage etc is about 2k and as she pointeed out to them they cant secure 35k on 2k and they appealed that there and then and she got quite cross with them, I just hope we get a fair Judge again will start the Witness Statement this week (takes along time with work etc). W have 20 creditors in all and I will point out again that it would be detrimental to secure on he property and that we cannot predujice other creditors but I assume we have to offer more than we are currently offering but that will make Payplan cross-what a nightmare! The Judge last time liked Payplan and was happy that everyone was getting something-This claimant gets the highest amount. Will also put the stuff in regarding the house-ie valuation etc as it proves there is no point in putting a charging order on also am hoping what they are going to rely on comes to me this week so we can see what w are up against.

Speak soon,
Benson

[benson]

Re: Charging Order setaside but now new hearing

Hi,
Payplan havent said much really, NR pulled out of the agreed payments structure in June-even though they had had another Financial Statement from Payplan-work on the assumption now that it is better to do most of the work yourself and not rely on them-for example-non of the debts have even been questioned and the interest is still piling on. Recently I had DCA requeste us accepting a volountary charge on the house,told Payplan and didnt get a quick enough responce so cca'd them and what a suprise they need more time to find agreement, deed of assignment etc. Told Payuplan this and they didnt seem to know what I was talking about.

Kind regards,
benson

[Amethyst]

Re: Charging Order setaside but now new hearing

Aye thats the trouble with CCCS and Payplan....they have their methods and stick to them - they aren't much help when it comes to charging orders and claims against you - anytime I have spoken to either its been a case of admit and offer to pay. The don't seem to get the fact that these companies pile unfair, and possibly unlawful charges on.

With mine I know i am just using CCCS to keep the creditors getting SOMETHING and I'm working through them all slowly getting charges taken off the amounts and CCA requests sorted.


CCCS were telling me I didnt need to go to court for the charging order hearing etc - errr thanks but I'd rather not leave it to chance and a stroppy judge with a fidgetty rubber stamp.

[benson]

Re: Charging Order setaside but now new hearing

Hi,
Sorry to ask but did you fight off the charging order or were they successful. I think that if NR manage to get onefor our house, it will just be a section K restriction as the debt is in OH name only and the house is joint. I have to be abit careful with the offer of payment as well because our Mortgage deal finishes in March and as our Mortgage is with NR as well dont think they will be putting the flags out and think it will be an extra 200 per month.

[Amethyst]

Re: Charging Order setaside but now new hearing

ouch.

I had HSBC after me for 6k - they whacked it up to 7.2k with collection charges - and asked for a charging order. They were being paid monthly on a DMP through CCCS. I successfully defended the collection charges, offered installments the SAME as the DMP payments, and accepted a final charge on the house. But I have 50k odd equity so its not so bad. I'm paying them off at £64 a month now still via CCCS. So no change except I have the CCJ and charge lol.

The Debt was also in OH's name only :madelf:. and the house in joint.