This will explain everything you want to know about charging orders.
Last edited by David Mond on Mon Jan 05, 2009 6:26 am, edited 1 time in total.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Many thanks for that David, that link has sort of made sense!
I called the court this morning(charming as ever), who stated our N245 had been sent to Link Financial and they rejected it. I thought and was told that by numerous parties after we submitted we would have a hearing. The court have told me we need to put it in writing that we object to the forthwith judgement now to get a hearing.
I also contacted Link this morning who stated they just want a charging order, and are not looking to pursue any other means of doing us over by force of sale etc. They are currently still adding interest, and intend to do so even if our payments don't cover that so the CO if agreed will just go up and up. As I was looking for our original agreement, I noted we only have an application for the GE Money loan, so I have requested that as well from them, which should arrive within 2 weeks apparently.
Can anyone please confirm this is the correct procedure, and if/or they have had the same to them? I just feel cheated out of the £70 to put in the N245.
In a way though, I can cope with a CO, as I'd keep my job, and our house, especially with our other creditors being far more co-operative and seemingly pleased they are getting anything at all!
Well you don't want Link to start having a priority over other creditors and charging extortionate interest rates. Appeal the process or write to the Court again as indicated in the previous link (sorry about the pun) I sent to you.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
It is still the Court's decision at the end of the day whether to grant a Charging Order, and with a good defence and a reasonable offer of repayment, you might be able to dissuade the judge from making the Order. Worth a try!
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Let us know how you get on, I wish you luck as well.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Just as an update on my CCJ, I had a letter from Link Financial asking for full addresses of our other creditors. I called them to ask why they needed it and the said that it was to inform them as a courteous gesture to inform them of our Charging Order. We have not got the interim CO yet!! I also asked them yet again for a copy of the original agreement we had with GE Money and yet again they said they'd put in my request. I called Payplan whoo advised me to try to obtain one from GE Money themselves, I called and they have no record of us, or anyone at our address!!
Nice to see they are all so efficient!
I'd keep badgering Payplan - they are doing your DMP (?) so they should be sorting this out for you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
To Payplan's credit, they are doing fine for us. It's just been Link who have always point blank refused any offer. As we are going through the court now, they are there to advise us now. As the court in their 'kind' correspondence said, we have to defend ourselves, and will not let any third party do so. We put our letter into the court last week requesting a hearing to the redermination of the whole amount forthwith.
I hope you hear something about a hearing soon, this must be a great weight on your mind at the moment.
Fingers crossed that it goes your way.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
The judge has our objection paperwork, but today we had a letter from Link dated the 8th saying that they have applied for a CO(surprise surprise. I called the court and they said that I should hear back by mid next week, and they had not yet received the CO application, but the hearing is likely to deal with both. I actually had a nice woman speak to me at the court, and she explained the backlog, which I said I'm not surprised in the current climate. Having spoken to other parties, they are giving positives as we have negative equity, and the interest issue could well be lowered. I will also raise issues of lack of communication and no interest they had in accepting any offers of instalments regardless of whatever they were. So fingers crossed, the court may empathise with our situation.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
