bank going for CO - help

[freefall]

Hope someone will help me decide next course of action.

Debt: £6000

CCJ in default asked forthwith payment

Applied for variation

Got variation order, asked to pay in installments of £45 pm

Bank solicitor got the interim charging order in 3 days after the variation order(surprised) house owned in sole name.

please help stop the charging order and protect our home.

[Ganymede]

Hope someone will help me decide next course of action.

Debt: £6000

CCJ in default asked forthwith payment

Applied for variation

Got variation order, asked to pay in installments of £45 pm

Bank solicitor got the interim charging order in 3 days after the variation order(surprised) house owned in sole name.

please help stop the charging order and protect our home.

 

 

 

Hi, I think you need to ask the Mods for this to be made into a new thread.

 

We need more background on the debt such as what is originally was, why did you not defend the CCJ, what was the date on their CO application compared to the date of the variation order etc...

 

Thanks

[freefall]

Could the Mods please make this a new thread?

 

The Debt was a flexiloan with HSBC for 5000 which has now grown to nearly 6000.

Restons got the CCJ in default against me, I did not recieve any notice in this regards.

variation order is dated 27th January 2012

interim CO is dated 31st January 2012 by the same county court.

 

the final hearing is on 7th March, is there a way I can get this discharged? I will be abroad for a while to look after my dad who is unwell and this is becoming extremely stressful for my wife to handle as she is working and looking after 2 kids.

please help.

[Ganymede]

Could the Mods please make this a new thread?

 

The Debt was a flexiloan with HSBC for 5000 which has now grown to nearly 6000.

Restons got the CCJ in default against me, I did not recieve any notice in this regards.

variation order is dated 27th January 2012

interim CO is dated 31st January 2012 by the same county court.

 

the final hearing is on 7th March, is there a way I can get this discharged? I will be abroad for a while to look after my dad who is unwell and this is becoming extremely stressful for my wife to handle as she is working and looking after 2 kids.

please help.

 

 

If you did not get teh Claim Form etc and think you have a reasonable chance of defending the claim then you can apply to have the CCJ setaside prior to the FCO hearing.

[freefall]

Any other solution...I don't think it will be easy for me to defend the CCJ as I am abroad at the moment.

[cymruambyth]

Hi, I had an ICO which was granted 3 days after an instalment order was made. The DJ threw out the ICO. This is my thread which includes my WS in defence. http://www.consumeractiongroup.co.uk/forum/showthread.php?299564-Yet-Another-Charging-Order-Thread!-***WON***-ICO-removed***

[freefall]

Thank you Cym....you don't know how much relief and hope you have given me!

 

In the meantime, I called the court and was told to email the court manager asking the case to be referred to the DJ. They say that there might not be a hearing on FCO and DJ might discharge the ICO before the hearing....do you think this is possible?

 

Should I now put in the defense like the one shared by Cym or should I wait for them to deal with my email requesting the case to referred to the judge?

[Ganymede]

You've got a month until the FCO hearing so may as well save your money and see what the outcome of your e-mail is.

 

Remember to keep an eye on the dates though as your witness statement needs to be filed and served 7 days before the hearing.

[cymruambyth]

As Ganymede says the WS doesn't have to be received until 7 days before the hearing. However prepare it so that you don't have a last minute panic (my speciality!). Also prepare an abridged version for yuor partner. If it does go to court make sure that you attend, take copies of the instalment order and proof of payments.

I was away looking after my sick father when my first hearing was due so I wrote to the court, explained my situation and had the hearing delayed.

[freefall]

Following my email application the DJ noted that the variation order was made before the ICO however the hearing is still not cancelled so I guess I have to prepare WS asap.

Can I email the WS to the claimants and court or do I have to post it?

Could my wife attend the hearing in my place? as I am abroad at the moment.

Thanks

[asokn]

I would post it to both if you have time, check any paperwork from the solicitors as the small print on a standard letter should say if service by email is accepted. Having said that why not do both? I appreciate the postage costs may be high if you are abroad but it's probably worth it.

 

As for your wife's attendance, if she's a joint owner she's entitled to attend anyway and most DJ's will take a pragmatic approach to the hearing with the result that she's be able to raise objections on your behalf even though they're not strictly her objections. I would suggest you prepare a letter of authority for your wife so that she has something to prove that she is actually attending with your knowledge.

[freefall]

Does anyone have a authority letter format which would be acceptable to the court?

[freefall]

My wife is going to represent me in the court. Any tricks or tips would be much appreciated.

[cymruambyth]

Just take everything relevant to this part of the case, do not criticise earlier decisions.

Have all the paperwork, including judgements and proof of payments.

Read up on Mercantile Credit v Ellis and all the bits that I had in my WS and on the debt sites. Mercantile Credit should take precedence.

She will have the WS but also write down the bits that aren't in it but which will help your case. I made notes in the margin and wrote out my own speech.Try and think of different ways that it can be said!

 

Finally it isn't life threatening, you will still have your house etc so try not to be upset, angry etc.

Good luck.