Cant pay at all, debtor's prison next?

[steve4kendal]

...

[CBR600F]

Not been following this but it seems to me to have 15squid and a charge on a property is an extremely bad thing.........

 

One or the other!

 

I have one CO no payments and one CCJ at a pound a month.

[steve4kendal]

It aint gonna happen.

[All41]

let us know what happened asap????

[All41]

we take it from no reply no win???????????//:confused:

[steve4kendal]

I withdrew my defence after I finally got some definitive advice from an on-line solicitor. Result is that judge orders me to pay £10 a month (which will see this never paid off), but gives them leave to apply for a charging order on our house.

Edited June 24, 2010 by steve4kendal

[Hadituptohere]

Well done steve4kendal, sounds like a moral victory if ive ever heard one, congrats

 

Hadituptohere

[diddydicky]

I withdrew my defence after I finally got some definitive advice from an on-line solicitor. Result is that judge orders me to pay £10 a month (which will see this never paid off), but gives them leave to apply for a charging order on our house. Ironic thing is that, just a couple of weeks on, our circumstances have changed, so that we could now afford a much more acceptable level, but with that charging order remaining an option for them, think I,ll let them stick at 10 quid for life. serves the greedy so an so,s right.

 

 

at some stage in the future the claimant may apply for a charging order even though you are maintaining the £10 per month payments

 

he will argue that he needs security because at that rate the loan will never be paid off/will take an inordinate length of time and that there is a possibility that you could move house in the interim without his knowledge

 

despite what others may tell you about not being able to do so whilst you are in compliance with the court order (IMO) he is likely to be successful

Edited June 24, 2010 by diddydicky

[meursault22]

The trouble is that it's true that they can keep bringing you to court to prove your income. In my case, the judge ordered a quite small monthly payment based on my income, but they keep bringing me to court claiming that I haven't paid, when I have and have receipts to prove it. Each time they bring me to court they are granted another £500 to £1000 in costs, so they always find a way to get you. The added "costs" currently stand at eleven times the original amount and each month they are being granted substantially more than my total income in "costs"! I know this is all leading to yet another order of sale process.

The blatant injustice I have found in the county courts has me honestly thinking that there are deals going on behind the scenes. After all, county court cases aren't recorded in the same way as with the High Court.

Edited June 24, 2010 by meursault22

[steve4kendal]

What is F&F? I should stress that my own income remains unchanged from when it was assessed, but my wife's may be increasing soon. The loan is in my name alone and she is also fully committed.

[meursault22]

Full and Final settlement.

[citizenB]

What is F&F? I should stress that my own income remains unchanged from when it was assessed, but my wife's may be increasing soon. The loan is in my name alone and she is also fully committed.

 

If the loan is in your name, then your wife is not responsible for it in any way. If her income is fully committed then I think they wont even be allowed to take it into consideration.

[steve4kendal]

Yes, they applied for a charging order now, so how to fight it? I still cant afford to increase the payments, but my wife now has a better job, so she could help substantially, but says she wont, if they are going to get a charging order anyway. She is not a party to this debt and in fact asked the Lloyds employee who pushed that loan on me whether it was secured and was assured not. She is blazing about this. I say let them have their order and £10 for life but she says would they withdraw if a realistic payment plan was on the table? I think they would not. What to do next?

[diddydicky]

i am prepared to be corrected on this- but i am sure you will find that where a couple jointly own property then the court WILL want to take the total household income into account and not just the husbands!

 

the alternative (if you want to P*ss the judge off- and refuse to disclose the partners contribution to the household income and outgoings ) - is that you will end up with the charging order being enforced

[steve4kendal]

...

[citizenB]

i am prepared to be corrected on this- but i am sure you will find that where a couple jointly own property then the court WILL want to take the total household income into account and not just the husbands!

 

the alternative (if you want to P*ss the judge off- and refuse to disclose the partners contribution to the household income and outgoings ) - is that you will end up with the charging order being enforced

 

I stand corrected, diddydicky

[diddydicky]

i.m not 100% sure of that (99%)