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Confused about letters from Court and its meaning

Hello I hope someone can help as I am so confused. We are currently on a debt management plan with Baines and Ernst, and have been making payments to one of our creditors for the last 10 years. However, over the last 6 months this one creditor has decided to take us to court for the full balance (9.5k). And after it going to court in the February 2008, the court agreed to us paying what we have always paid. Then back in April the Solicitor working on the creditors behalf dent us a letter saying that they then wanted to apply for a charging order on our property and it was then arranged to go back to court on 24th June 2008. Last week we received a letter and an old case stating that the judges decision could and would possibly overruled, and sent us someone elses case as proof that this could and can happen as it happened to the couple reffered to in this case and the judge could over rule and grant a charging order on the property. Well it went to court on 24th June 2008, and we have today received a letter from the County Court, and after calling Baines and Ernst I still cannot make head nor tails of what this letter implies. It says that before the judge on 24th June, it is ordered that the Installment order be varied so as to provide that the balance of the judgement debt be payable forthwith. What does this mean? Baines and Ernst told me that they were trying to get us to pay the balance in full. But this cant be, as that is the reason why we are with Baines and ernst, because we cannot financially afford to pay this debt off in full all in one go. Hense why we pay them monthly payments which our creditor has been banking for the last 10 years. Hope someone can help me as this whole situation is starting to make me ill. Thank you

Hello Fruitini

As far as I can gather it is stating that the debt has to be paid immediately. You are allowed to pay back to your debts what you can afford which is what you are doing in the debt management plan. You will need to seek legal advice in regards to this letter you have, if you speak you your local CAB, or even to the Community Legal Service – 0845 345 4345 they will be able to help you further. Sorry I cannot be any more help.

Thanks for the reply.Even

Thanks for the reply. Even though we had a CCJ previously stating that we should continue paying what we have always paid, and then HFC taking it back to court again in the hope another Judge wouldnt be as kind (in their opinion), and then recieving this Judgement letter claiming the lot, does that mean that the other CCJ relating to the same debt is null and void? I dont understand why they have done this, because when it went back to court, the Judge could see our previous payment history for the last 10 years, and knows of our finiancial situation, so why oh why are they asking for the lot in full? edited to add: Have contacted the number supplied, but unfortuatley we do not qualify for Legal Aid, and CAB office is closed.





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