Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[AndyOrch]

Arrived home from work tonight and the letter from the court was waiting for me. I am still none the wiser as what to do:???:. All it says is ' Regarding your letter dated xxxxxx, this was placed before District Judge xxxxxxx, who has made the following comments : "No directions required, place letter on the court file".

Any thoughts on what this means please?

 

Not a clue either Shaz it sound like its been filled in your case notes with no action to be taken.I am afraid you will have to ring again and explain is it so difficult for a DJ to give directions on what the payment arrangements are.Not much more I can advise unfortunately never come across a fiasco like this before.

 

Regards

 

Andy

[Shazza50]

As I've said before Andy, it could only happen to me . Though I can easily live with a ccj on my credit file for 6yrs and not have to pay anything off it .

I haven't been in touch with Hillesdens and I'm suprised they haven't been in touch with me. Maybe they are as confused as we are:wink:.

[Shazza50]

Well I've been in touch with the court again today, and the lady I spoke to says she has never come across this before and is shocked that that is all the DJ has said. She has suggested that I just wait and see if Hillesdens contact me with regards payment.

[AndyOrch]

Create a papertrail on all this Shaz incase they try for a CO because of none payment otherwise C,est la vie!!!!

[Shazza50]

Well, after 5mths of not hearing from them, they have now applied for a charging order on my house:sad:.

 

We are already going to court on Tues due to arrears on the mortgage, so this is the last thing I need right now.

 

We have had a lady from our local council helping us deal with the mortgage arrears and when I told her about the letter we had received from the court in November giving no directions, she said it was definately a forthwith judgement.

 

She also said that if they go for a charging order (this was before the letter dropped on my mat this morning) it may not be a bad thing as we won't have to pay anything out unless we sell the house.

 

I don't want to put in this post about the mortgage arrears as they are two different subjects but I would like some advice about the charging order if anyone can help.

[Guest]

Hi

 

http://www.insolvency.gov.uk/freedomofinformation/technical/technicalmanual/Ch1-12/Chapter9/part4/part_4.htm#9.104

 

peter

[caro]

I know you've got your hands full preparing for court on Tuesday shazza, but when you've got that out of the way this link may help you too. http://www.consumeractiongroup.co.uk/forum/showthread.php?203298

[Shazza50]

Ok, I've read through the links. Am I right in saying that they cannot add interest on if the debt is less than £5000. I have read through the Interim charging order and it says The court orders that

1.the interest of the judgement debtor Mrs xxxxx in the asset described in the schedule below stand charged with payment of £xxxx.xx together with any further interest becoming due and the costs of the application.

[Guest]

Hi

The interest mentioned in the N 87 notice is statutory interest and not applicable to CC agreements or sums under £5000.

In theory they can charge contractual interest if there is a term in you agreement that says they can but there doesn’t seem to be a mechanism that will enable them to actually enforce.

It seems they would have to take separate proceedings to recover the interest because of the rules governing the ways judgements are made.

In any case even if it were possible they would have to serve you notice under section 17 of the cca 2006 first and then they could only charge from after the notice was issued. I wouldn’t worry about it, from what I read it is unlikely and there are ways of contesting it if it did happen.

Peter

Edited May 2, 2011 by peterbard

[Shazza50]

So my next question is, is there anything I can do to stop the charging order or do I just let it happen?

[caro]

Some advice on that here Shazza. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

[Shazza50]

So, it looks are though they are going to get the charging order, I haven't the money to pay it off. Am I better offering to pay something each month, even if its only £5 as well as having the CO? Do I have to attend the hearing or can I send a letter with I&E?

[Guest]

So, it looks are though they are going to get the charging order, I haven't the money to pay it off. Am I better offering to pay something each month, even if its only £5 as well as having the CO? Do I have to attend the hearing or can I send a letter with I&E?

 

HI

I would make it a priority to attend the hearing.

 

As mentioned in Sequencies thread, you can put your case for the restriction of any future repossetion order, dependant on your personael circumstances.Take you I and E with you and present your case to the judge.

Tell him why it would be unfair/damageing for any repossetion order to be made in the immediate future and show that you are attempting to pay the most you can off the debt.

 

The creditor should be content that his money will be secured in your property.

 

 

Peter

[Shazza50]

I already have a thread on here with regards to Hillesdens, but thought it would be easier to start a new one regarding a CO.

They have applied to the court for the CO and it is due 1st June.

I am unable to attend as I can't get the time off work.

 

I know they will get the charging order as nothing has been paid off the debt.

 

On the day of the ccj hearing I offered what I could afford which was £1 but the Judge wasn't interested.

 

What I need to know is, as I can't attend, do I need to send anything in to the court and is it worth offering a monthly payment.

[BRIGADIER2JCS]

How much is the debt and how/why has it got to this stage a few mor details will aid in getting the right advice.

[Shazza50]

I was chased by Hillesdens for cc debt and taken to court in Nov 10.

The Judge agreed with them that the application form was indeed an agreement and they got their ccj against me for £4700.

The Judge wasn't interested in the £1 a month I offered to pay and

 

when the paperwork arrived from court all it said was 'It is ordered that there be summary judgement for the claimant in the sum of £xxxxxx'.

There was no mention of a 'forthwith payment',

no one on here knew what it meant either,

 

so I contacted the court and received a letter back saying

'Regarding your letter dated xxxxxx, this was placed before District Judge xxxxxxx, who has made the following comments :

"No directions required, place letter on the court file".

 

Now they have applied for the CO.

[BRIGADIER2JCS]

Have to ask 1 simple question is £1 all you can realistically offord?

[Shazza50]

At that time, yes. Now could afford £10, still not much I know, but I'm thinking if I offer something it might stop them going for an order of sale at some point once the CO has been finalised. It does say in the paperwork there is no intention to seek an order of sale and they will be content to accept payment at a rate I can realistically afford, but I don't really trust them.

Edited May 22, 2011 by Shazza50

[BRIGADIER2JCS]

Hi it is most unlikely that ant Judge will make an order for sale for £4700 guidance for

charging orders is under review and is proposed that it should be £25000 for unsecured debts and

the judiciary are aware and usually react accordingly.

[Shazza50]

Thats good news then, a weight off my mind. So what do I have to do as I can't get the time off work to attend. Should I just let the CO go ahead ,then offer to pay a set amount or should I just pay what I can when I can? Do I inform the court what I can afford?

[BRIGADIER2JCS]

Are you sure that you cannot get the time off work judges like defendant to appear in person

so they can give their point of view otherwise the claimant can go ahead without challenge to their case.

[Shazza50]

Definately can't get time off. Someone else is already on holiday which already leaves the place short staffed.

[BRIGADIER2JCS]

Any chance of getting anyone to represent you?

[Shazza50]

No one else knows about it apart from my hubby and to be honest he wouldn't be able to cope with it. He suffers from depression so I deal with all our money issues.

[cymruambyth]

Would you be able to make a later date? I wrote to the court and they changed me date.