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By shell73
#198672 Hi All
I am Shelley, Manchester.
I have been in servere financial difficulty since beginning of 2007 i am currently going through CCCS but as my budget plan does not show a surplus income i am unable to go on DMP

Basiclly i found this site when i was searching about charging orders.
I have a creditor who is taking me to court and the hearing is on Wed 2nd July.

Please help me
Shelley
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By Gazza1912
#198682 Hello there. I am not sure you have provided enough information for anyone to actually assist you, but maybe one of the Mods?Admin staff or one of the more experienced posters here will help.

What I would say is that I would advise you to edit your post to remove your name and your location. DCAS are know to monitor this forum and the personal info you have posted above could backfire on you.
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By Yogi Bear
#198688 Yeah.. with all due respect to Gazza, I think you're safe enough: I'm not sure that just a Christian name and 'Manchester' is going to tell anybody anything much. 8)

What's this Court hearing actually for? How did you respond to the original Court claim: did you make any sort of payment offer?
By shell73
#198726 Hi All

Well basically i had recieved my court paper in september 2007 which i responded to immediately i rang them about 7 days later to ensure they had recieved them as i forgot to send recorded delivery. they told me that they had recieved them and shall wait for a reply. I never heard anything as it reached december time so i chase it up with the creditor and they said the solicitor is dealing with it so i rang them and they say they are still persuing it and will consult with NR(Creditor) So months went by and end of February still nothing so i decided to speak to my creditor once again who also confirmed once agin they had recieved and the solicitor is dealing with it. Got in touch with solicitor and they said they havent recieved my claim form and they will persuing for a CCJ in forewith and then will be applying for a CO. So i went back to NR took the gentlemans name who i spoken to and his dept. he once again confirmed he had recieved them and a copy was attached to my file, i asked him the date it was recieved which was within the agreed time.
Few days went by and a Judgment in default was recieved for the full amount forewith and also stating i hadnt sent the admissions form back. So i immediately contacted CCCS in which i asked for advice on what to do next she advised me to write a letter to the court to ask for it to be transfered to my local court and for redetermination of the case on the grounds that i had replied and because of my finanical situation i was unable to make full payment. Any way i had sent this off on the Monday and on Tuesday morning i had recieved a intrim CO court form
My hearing is on Wednesday is i assume to discuss my CCJ but also 15 minutes have been allowed for the final CO
Hope that helps anyone who can offer advice.
User avatar
By Yogi Bear
#198737 Sorry, but I suspect that based on what you've said here, unless the Court feels that you've made a reasonable offer of payment which the creditor has refused, the forthwith judgement will stand, and the Charging Order will then be granted.

There's a factsheet on the National Debtline site on how to defend Charging Order applications, which you might find helpful:
http://www.nationaldebtline.co.uk/engla ... unty_court
By shell73
#198827 Hi All

Well i am in court today at 2pm
abit of mixed feelings but will feel better when everything is sorted once and for all
Will come and let you know how i got on later