Yes we attached an I&E form to the offer letter. No we have been paying every month. We have not defaulted.

We wrote to them offering to pay £100 per month and they refused saying they wanted £1700/per month. We started paying what we could afford which is £100. There isn't an order from the judge to this effect.

Yes to both questions.

I received a bankruptcy petition for unpaid school fees on Saturday. The debt is from 2015. There is a charging order on our property. We have been paying £100 per month since Jan 2017. I have tried to contact step change for advice. They will be open tomorrow. In the interim I have a question. Can a creditor with a secured debt petition for bankruptcy?

Just left the Court. The matter has been adjourned for 28days. Will update when I get home.

http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999 hello sequence, sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

hi monkeymad, do you have the name of the Barclays Bank case that you mention in your thread? I have found this one Caselaw - Bank of Ireland Home mortgagesicon vs. Bell 2001 - This case established the circumstances in which an order for sale would be granted, even if it concerns a family home. The equity available on the property must be sufficient to pay off the judgment creditor and all other interested parties and still leave enough money to adequately rehouse the debtor and dependants.

The hearing was adjourned.

Yes - Harwood/Redwoods They used a copy of the title deeds from 2 years ago in their bundle. Judge adjourned to allow them to use a more recent record.

We have been paying £100 per month and they want £1700 per month. At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

Yes to both questions

Thanks. £18000 unpaid school fees

I have a charging order for an unpaid invoice. I have a hearing for an order for sale tomorrow. It is not with the mortgage lender. 1. There is no equity in the property 2. The mortgage lender has not been contacted - I spoke to them and they said if they had been contacted they would have objected because a sale would mean that the outstanding mortgage would not be paid. I asked them for a letter confirming this and they said that they can't provide it. 3. My tenant in the house is a 78 year old lady. Her health is not good and the council has spent money adapting the house to make her comfortable. I would like to keep the house as selling it now would mean I would end up owining the lender as well as the creditor. It would also make an elderly lady homeless. I am attending the hearing tomorrow and any help on my defence argument will be appreciated.

They want the extra £3000 which they are saying is interest (not solicitors fees). My question was if we pay the £4600 and they decide to pursue us for the remainder i.e. the interest due what is the process? You said they can litigate further in '#7 - what is that process?

The creditor has contacted us via their solicitors to say that the figure outstanding is £8000. We have just over half of that. We are thinking of writing to them with a full and final settlement offer of £4600. If they refuse we will still pay what we have. What is the process of recovering the interest through the courts? Will we have another hearing?

What is the best way to make payment? Cheque or bank transfer. I intend to apply for the certificate of satisfaction on the same day.

Debt £4600 - Judgment amount £5218,93 (They were also claiming for solicitors fees which were over £3000. They were not awarded these.) The additional figure which I have checked with the courts was for the court and hearing fees. My question now is, are they entitled to interest on the debt.

It is for unpaid school fees. The county court that issued the CCJ says there is no interest added on after the judgment date. National Debt Helpline are saying interest is charged for any debts over £5000. The order itself does not mention interest at all.

Hello all, In 2010 we had a CCJ granted against us for an unpaid invoice. It was for £5200 and we accepted the amount. The creditor secured a charging order for the amount. We wrote to the creditor in 2014 and were advised the outstanding amount was £4300. The creditor sent us a statement at that point which showed that prior to lodging the claim with the courts they had added £600 to the account for recoverable fixed costs. We did not know about this £600 figure until 4 years after the CCJ and charging order. We are now in a position to clear the debt of £4300. We wrote to the creditor again and they sent us a figure of £8000. We are going to write to them asking for a breakdown. Is it possible to have the CCJ figure looked at again by the courts? It seems as though this figure of £600 was added to the amount to allow them to receive interest on the debt. When the court cases (CCJ and CO) were heard they only managed to recover court fees. Any help will be appreciated.

Not sure what you mean.

Hi - what was the outcome of your case?

Are the costs in a fast track claim capped?

There is nothing in the contract. In their last letter chasing the debt they said they would pass on the cost of using the DCA to us. I have just received a statement of costs of £5689. For a fast track case I thought they were capped at £1650 (£1925) for a claim of £19k.

Grumpytosaytheleast - My thoughts too however the figure is included in the claim.

Is the DCAicon the claimant or their Solicitors ? The claimant is the school (they initially sent our file to a DCA who then issued the claim through their sister law firm) As the debt been assigned to them ? It has not been assigned Have you received a Notice of Assignment? N/A What are the particulars of claim ? Unpaid school fees including DCA's fees Did you sign a contract? With the school yes Have you got a copy of their T&Cs ? I will look for them