Charging Order Hearing Court Change

[DebtDummy]

I received a change of court house notice today regarding my charging order. It reads:

IT IS ORDERED THAT

1. The application is transferred to the XYZ County Court.
2. The hearing in Cardiff is vacated.
3. The interim charging order shall continue in the meantime.
4. The court having considered the Defendant's application and made an order without a hearing, The Claimant may apply in accordance with CPR23.10.

Dated 15 January 2007.

I am on pins and needles now worrying and wondering if my IVA will be filed and the creditors meetings held BEFORE GE Money gets permission from the District Judge to secure it to my property [:(]

Is it practical for me to at least submit a letter to the DJ informing him of my impending IVA (sigh)? If somehow all works out for the best, experiencing what I have through all of this financial mess, I can honestly say, I will never, ever enter into another credit agreement! Just the present home mortgage and a car loan.

My father was right many years ago when he said,'' If you think you own something, stop paying on it and see who comes knocking at your door.''

The only good thing to come out of all of this mess thus far was I finally received some consumer credit education and I will teach it to my children. Especially, my 22 year old who has a shoe addiction from watching that silly television programme Sex In The City. They should rename the reruns Debt Sin In The City. Ha!


All I have left is my humour.

[MelanieGiles]

Why is your IP not dealing with this for you? This is actually quite serious, and that is what they are being paid to do. You should not be dealing with this directly, and your IP may well need to get a lawyer involved. I suggest you speak to them as a matter of urgency to find out what steps they are taking to deal with this properly. Make sure you send them all of the paperwork you have received.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[DebtDummy]

MelanieGiles, I have never seen my IP nor spoking to my IP. I deal directly with the case manager. He was the person my hubby and I met face-to-face on 23 Jan. He was the one who said that a charging order was not essential as it's simply a way for a creditor to turn an unsecure debt into a secure one.

He then continued by saying, since they have what they want(charging order) they will be easier to negotiate with regarding a monthly repayment.

I am sorry to be harping on about this CO situation, but it is not making any sense to me nor my hubby. The CO will accumulate interests over the years and it's taking much needed funds away from the IVA as it will be a seperate payment.

My case manager spoke to Links, I even spoke to Links and both times he ( Asset Links representative)stated they are going ahead with the charging order.

I do not know what else to do, but I am scared. May sound ridicules, but it's the truth.

All I have left is my humour.

[gizmo]

Hi debtdummy
Your IP reallyshould be dealing with this for you - mine dealt very well when I was served with a statutory demand - she did it all. That is what an IP is there for - I met my IP face to face and I therefore know all the time who I am dealing with - I can even email my IP directly who always responds even though I must drive them nuts at times. You need their support to get you through this and I would certainly be on their backs asking to speak to them directly - I was introduced to my IP through a debt advisor but once I had met my Ip my dealings have been directly with them. Even in the midst of a rocky creditors meeting and in the adjournement period I am able to contact my IP every day. Please please keep on at them - they should be dealing with this on your behalf. Even if it means you have to complain go for it.

[Storm]

If you don't attend the hearing it is likely that the charging order will be made final which you don't want.

GE are simply trying to protect themselves as there debt will sit outside of the IVA as it becomes secured.

I don't want to sound negative but your calls to Asset Link won't make them stop. The only thing that will make them stop is to resist the order on the basis of it being detremental to all your other creditors.

[MelanieGiles]

DebtDummy

This is what your IP needs to do:-

1 Write to the Court to seek an adjournment of the Final Hearing, explaining that a creditors meeting is to be called shortly and that the interests of all creditors should be taken into account - and not just one greedy one.

OR

2 Get an Interim Order in place which will stop the action until the creditors meeting.

You do not need to attend the Charging Order hearing in person, but you certainly need to be represented.

I am amazed at the advice you are being given. This case manager appears to be reticent about one creditor getting priority over the others - but the most important thing is this is over your home! My blood is starting to boil now, so please telephone your IP directly tomorrow and find out why he/she is not dealing with this.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[DebtDummy]

Thank you all. As I have explained earlier the case manager reffered to it as not essential. We can't afford the £200-300 fee in order for him to place an Interim Order. We can't afford the £70 presently, either. Trying to survive one 1 wage when we are a two wage family is extremely difficult. We were DIWKs, pronounced dewicks (smile) Dual Income With Kids.

MelanieGiles, I shall contact the case manager in the morning and see what he can do, but I do not hold out any hope because we simply can't afford it. What's perculiar about it, is this is the only area where he has been awkward.

I can write the DJ and tell him I have an impending IVA, etc, etc, and give him the name and address of the IP firm,etc. Maybe, that will have some effect?

All I have left is my humour.

[MelanieGiles]

I have just done one of these quite successfully without getting an Interim Order and therefore not incurring any costs - but your IP needs to write to the Court for you. Maybe your case manager simply does not understand the procedure - which is dangerous. Is he professionally qualified?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[DebtDummy]

Yes, he is professionally qualified. Well, I assume he is because when we were discussing Brs he stated that he could not petition for one because he would loose his employment, but he could do an IVA.

I have his business card. There are no letters of certification behind his name. BUT the IP is a Licensed Insolvency Practitioner as I looked him up on that website of IPs.

Thank you.

All I have left is my humour.

[DebtDummy]

It just so happened Asset Links rang me this morning and informed me they will be persuing ANOTHER charging order. I contacted my case manager and explained the situation of potentially having two dreaded COs on the house and his reply was,''Corr, we need to move on this fast!'' MelanieGiles, I did mention those points above.

NO letter to the District Judge. NO Interim Order which we can'tafford anyway. Just a lot of mudder-fracking-son-of-a-beech-tree!

Pardon my language people, but I am upset at the very thought of GE swooping down two of those tools of financial conjuring and perching them on my house. Charging Orders, ha! AND 4 can be applied to 1 house. I never knew that until today. Please remember that number as it may become important to someone out there who has adamant unsecured creditors and no readily available cash for an Interim Order.

Well, I can adjourn the first charging order hearing when I get the date because I will be employed and there is a request-a-day-off guideline... sorta. The second interim CO is sometime in the future and the creditors meeting may have been held by that time.

Hmmm, I wonder if a secured loan could become unsecured if I placed it in a black top hat, waved my tea towel over it, had a District Judge blow into the hat and say presto?

Watch this space.


All I have left is my humour.