chinawhite - Court Papers Received

[chinawhite]

Re: chinawhite - Court Papers Received

Hi
Just an update, offered settlement and received a letter saying i would hear in due course. Received today papers for court hearing for charging order !!!!!!!!!!!!!!! does this mean that they havnt accepted settlement ?? because they havnt written to tell me that - or would I have got this anyway as they had an interim charging order ?

Im a bit confused :-P so any help would be appreciated.

Regards CW

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

Hi
Just an update, offered settlement and received a letter saying i would hear in due course. Received today papers for court hearing for charging order !!!!!!!!!!!!!!! does this mean that they havnt accepted settlement ?? because they havnt written to tell me that - or would I have got this anyway as they had an interim charging order ?

Im a bit confused :-P so any help would be appreciated.

Regards CW

Ring the bulk processing court and ask them, they should help with your questions..... Failing that, also ring the claimant and ask if they received your offer. Do not pay anything or agree anything verbally, but check that they received it (have you checked royal mail proof of postage site - what does that say?)

[chinawhite]

Re: chinawhite - Court Papers Received

hiya
have been in touch with claimant and they basically lost my offer, anyway sent it all again and got a letter saying that RBS will only accept 70% and nothing less !! and that the hearing for charging order is going ahead and I am welcome to attend but I dont have to !!!!! Also had notification from land registry about the CO.

Do you think its worth trying to send offer to RBS directly or not ??

Will do some research on how to deal with the hearing for the CO - but I have a feeling its going to be granted :-(

regards
CW

[toddle2u]

Re: chinawhite - Court Papers Received

CW

CO's are notoriously difficult to defend as the Judge has normally made up his mind before hand. There are various defences to it i.e would be detrimental to other creditors, negative equity etc but again they rarely work especially for LIP.

It may be worth attending the hearing to get the Judge to agree an installment order and as long as you keep up with the repayments they can't go for a forced sale.

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

They will not go for forced sale. This is rare and even rarer for a judge to grant it.

A CO is a second charge againt any equity - don't worry, it only impacts you if you come to sell up, in that after any current charges are settled youd have that one to pay as well, ONLY if equity allows.

[chinawhite]

Re: chinawhite - Court Papers Received

Thanks for the info - does interest continue to be added with a charging order or does it just stay at the amount that it is now ???

thanks again for all your help.

Regards CW

[helmsman]

Re: chinawhite - Court Papers Received

hi,
I have a debt with rbs paying I Mitchell as well if the debt is over £5000 I think they can charge 8%
at least that is being added to my debt.
Helmsman
PS the judge refused a C/O so it was worth me attending.

[chinawhite]

Re: chinawhite - Court Papers Received

Hi thanks for the reply, what defence did you use against the CO if you dont mind me asking ?

[helmsman]

Re: chinawhite - Court Papers Received

Hi thanks for the reply, what defence did you use against the CO if you dont mind me asking ?

hi,
We were in court for a redtermination hearing when the Judge reduced the ccj by nearly £500 pm, at the time we were on a dmp and he accepted that was all we could afford, I M solicitor asked for I think it was a forthwith judgement ad a C/O to safeguard their clients money, the judge said they were money lenders and it was their problem if they lend recklessly and as long as we maintain the ccj payment they will not have a C/O. We had said to the judge it would be unfair on the other creditors if the bank were given a C/O as all the other creditors wll probably go for C/O as well. Hope this helps

[chinawhite]

Re: chinawhite - Court Papers Received

thanks for that helmsman,

am getting letter sorted to send to court before hearing, am going to use other creditors argument and was originally given as unsecured loan and also the fact that i am in the process of divorcing and the house is going to be signed over to just me so as the loan is in joint names would be unfair to put CO on house just in my name - dont know how far ill get but its worth a try

thanks

CW

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

Best of luck CW - you may have a good argument regards to sole CO if it was a joint debt....

[chinawhite]

Re: chinawhite - Court Papers Received

Hi just an update, was in court yesterday for final CO hearing, used the defence that house was going in my sole name etc , judge was very sympathetic and actually very nice, rep of RBOS was a cow !!!! - anyway, he granted the final CO < after a lot of consideration, on the basis that if he didnt grant it then RBOS may go for forcing me to declare bankruptcy !!!!!! - not sure about that but hey ho !!!!!!!!

thanks for all the help on this matter.

CW

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

Hi just an update, was in court yesterday for final CO hearing, used the defence that house was going in my sole name etc , judge was very sympathetic and actually very nice, rep of RBOS was a cow !!!! - anyway, he granted the final CO < after a lot of consideration, on the basis that if he didnt grant it then RBOS may go for forcing me to declare bankruptcy !!!!!! - not sure about that but hey ho !!!!!!!!

thanks for all the help on this matter.

CW

How odd, sorry to hear this......

What a bummer. They can't just go for BR anyway, but I suppose this does offer some protection in that if you make the agreed repayments they cannot do anything else to you, nor apply for winding up order/BR!