A guide to Charging Orders & Orders for Sale

[supasnooper]

I see you have read sequenci's excellent sticky post.

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

 

 

.

[AnotherUserSeekingAdvice]

Thanks. The insolvency helpline website is gives very useful and interesting information on charging orders.

 

Im particularly interested in the following entry on there:

 

"If you are likely to be made bankrupt, you can argue that a charging order would give the creditor an unfair advantage over other unsecured creditors."

 

As I know for a fact that the debtor is going to make himself bankrupt before long. Im just hoping that if he does, the pending sale of the property can still go through as it will be being used to clear of whatever debts he has anyway, the equity just wont clear all of it (maybe about 50% of his debts)

[Mydogsawestie]

Here is a link to another useful thread on Charging orders I have kept to hand, maybe you may find this useful for info too.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160126-watch-out-charging-order.html

[AnotherUserSeekingAdvice]

Thanks.

 

Out of interest, is it possible to bring a court hearing date forward ? Thats a court hearing date specifically to see if an interim charging order can be made final or not. The court date is 2 months off, Id rather bring it forward.

[sequenci]

Here is a link to another useful thread on Charging orders I have kept to hand, maybe you may find this useful for info too.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160126-watch-out-charging-order.html

 

For the record, the rules didn't change.

[AnotherUserSeekingAdvice]

How satisfied does a bank have to be when they are contacting creditors who have charging orders / interim charges on a property. I am 2nd in line with my final charge of 17K, where there is just enough equity to cover it, but this other creditor has popped an interim charge on the property amidst the sale of the property, but there isnt enough equity to pay this interim charge and it hasnt been finalised.

 

Does a bank have only to contact the creditor and inform them that there is no equity and continue with the sale as normal or does the bank have to wait to hear what the creditor has to say ?

[Crapstone]

I'm glad I popped back in and read the newer posts here as it prompted me to check the Land Registry.

 

It seems that my interim CO wasn't updated to final CO and explains a few things such as how inefficient creditors are at their record keeping.

[meursault22]

I'm glad I popped back in and read the newer posts here as it prompted me to check the Land Registry.

 

It seems that my interim CO wasn't updated to final CO and explains a few things such as how inefficient creditors are at their record keeping.

 

 

I've found this to be true as well, but it doesn't seem to make much difference in court. It would be so nice if the judges had enough time to familiarize themselves with the case and evidence submitted by the defence before making a judgement, especially when people's homes are at risk but it's all condensed by the case manager and then just quickly glanced through...

[dabble]

Here is a question, once a charging order has been made can it be removed? I have a debt with egg who made a charging order on my property, it was at a time when I made the biggest mistake of ignoring mail ect. Since this time I have found CAG and identified that the original credit agreement is probably not enforceable - what action can be taken?

[meursault22]

Sorry to but in with another question, but looking at my paperwork, the interim charging order was updated to a final charging order at the land registry five days before the final charging order hearing. How is that possible?

[sequenci]

Sorry to but in with another question, but looking at my paperwork, the interim charging order was updated to a final charging order at the land registry five days before the final charging order hearing. How is that possible?

 

It shouldn't be

[sonic140]

i had a charging order placed on my home last year by shoosmiths(£14000 owed to natwest). the judge had set an instalment order. i was making payments but shoosmiths went for order. judge allowed charging order because he said instalments were not enough to pay off debt in a reasonable time. was that legal? can i do anything about it? was so desperate not to lose home i agreed to anything and didnt know about this site. am paying £300 pm at the moment and it is a real struggle.

 

Also i the loan i took out with natwest was to get me out of an overdraft and all the charges i was incurring. worked out they could owe £8000. any ideas?

[meursault22]

Unfortunately, the law keeps changing to give these ba**#rds much more power. Even if you're up to date with an installment order, it's legal to go for a charging order and order of sale, and it's up to the judge's discretion as well as whether your solicitor has done his job properly as to how it goes. I only know this because I had a payment agreement on the charges Anglian Water made to me for their contact with the Consumer Council for Water and the media, but they also decided that it wouldn't be paid off quickly enough and demanded 80% of my total income or they would get a charging order and order of sale. I already outlined the outcome of my hearing above. Make sure your solicitor puts your defense into the court on time.

I hope someone has some better ideas. Maybe search this forum for unenforceable credit agreement?

[the_shadow]

Unfortunately, the law keeps changing to give these ba**#rds much more power. Even if you're up to date with an installment order, it's legal to go for a charging order and order of sale, and it's up to the judge's discretion as well as whether your solicitor has done his job properly as to how it goes. I only know this because I had a payment agreement on the charges Anglian Water made to me for their contact with the Consumer Council for Water and the media, but they also decided that it wouldn't be paid off quickly enough and demanded 80% of my total income or they would get a charging order and order of sale. I already outlined the outcome of my hearing above. Make sure your solicitor puts your defense into the court on time.

 

I dont think the law has been changed at all... the same mechanism that is in place for them to seek a redetermination of repayments is also there for the defendant to apply for if they are paying too much. Its all down to a judge I'm afraid but the mechanisms are there to be used by both sides.

 

S.

[somad]

ok ive red the above and confused... judge redetermined my ccj today and siad yeas what what you was not what link want - victory , but he said they could apply for a charging order...i thought that it would only be granted if we missed any payments, is that not true?

[mambo69cat]

Hi - I am new here and don't know how to start a question off so I hope you don't mind me jumping in here.

My husband and I jointly own a house (for 20 years) with a mortgage (no arrears). I put a cash deposit down of half the purchase price and since then have contributed towards mortgage payments.

My husband began property developing with his son and they purchased a house to sell on. His son defaulted on the mortage payments and the mortgage company sold the house at a great loss leaving a joint debt of £170,000. It is going to court to put a charging order on our house - they have both received notification, and you can naturally understand I am worried sick about our home. In effect, I own more than half of the property. We have about £100,000 equity in the house should it be sold at market value. We are both 60 years old and our married daughter and her husband live with us.

 

Can anyone advise please. Should I write to the court advising them on my interest in the family home?

 

Thank you

[vint1954]

Hi - I am new here and don't know how to start a question off so I hope you don't mind me jumping in here.

My husband and I jointly own a house (for 20 years) with a mortgage (no arrears). I put a cash deposit down of half the purchase price and since then have contributed towards mortgage payments.

My husband began property developing with his son and they purchased a house to sell on. His son defaulted on the mortage payments and the mortgage company sold the house at a great loss leaving a joint debt of £170,000. It is going to court to put a charging order on our house - they have both received notification, and you can naturally understand I am worried sick about our home. In effect, I own more than half of the property. We have about £100,000 equity in the house should it be sold at market value. We are both 60 years old and our married daughter and her husband live with us.

 

Can anyone advise please. Should I write to the court advising them on my interest in the family home?

 

Thank you

It would depend on how the ownership of your property was set up.

 

It would be best to start your own thread in the legal issues forum. You will get better help there.

 

Link Below.

 

Legal Issues - The Consumer Forums

[atom02]

Sorry to jump in but is it possible to have a charging order removed if it transpires that an alleged debt is unenforceable anyway? I am not sure this has truly been answered here...How can this be done? Please help!!!

[sequenci]

Sorry to jump in but is it possible to have a charging order removed if it transpires that an alleged debt is unenforceable anyway? I am not sure this has truly been answered here...How can this be done? Please help!!!

 

You can make an application to set the judgment aside which, if sucessful, could then discharge the charging order.

[atom02]

Hi sequenci,

 

Thanks for your response - I haven't been back here for a few days. Would you know whether one can apply for a set aside even if there is already an instalment order alongside the judgment order and charging order? I should probably start my own thread when I start to pursue this particular case but I know for certain that a valid cca does not exist. I was just too naive at the time to fight the heavy-handed tactics of the DCA so went for a variation of order instead only for the judge to let them have their way.

 

Your comments are much appreciated.

 

atom

[annoyedagain]

what is the charge order process?

 

i recieved a letter from solicitors for mbna saying that they are applying for a charge order on my property

 

i have a disputed CCA with mbna, this goes back 12 months but after many phone calls and letters they now send this one

 

i am under the impression that they would need to get a CCJ first before they could obtain a charge order, but my question is would i receive court papers if they had applied for a ccj and if they applied for a charge order?

i have received neither

[sequenci]

The process is outlined within the first post. You're quite right, MBNA would need to have obtained a CCJ before they can apply for a Charging Order. You may wish to double check to ensure that there is no judgment.

[meursault22]

what is the charge order process?

 

i recieved a letter from solicitors for mbna saying that they are applying for a charge order on my property

 

i have a disputed CCA with mbna, this goes back 12 months but after many phone calls and letters they now send this one

 

i am under the impression that they would need to get a CCJ first before they could obtain a charge order, but my question is would i receive court papers if they had applied for a ccj and if they applied for a charge order?

i have received neither

 

It's worth writing and asking for a copy of the CCJ and interim charging order. It's possible they've obtained these without you knowing. I had a CCJ and didn't even know it. Rather than resolve a disputed bill, Anglian Water went to the Northampton Bulk Court and somehow obtained a CCJ for a vastly inflated amount without me knowing anything about it until they had already placed the interim charging order. There must be loopholes that allow utilities to proceed without letting the defendant know, because the first I heard was a letter from the Land Registry. After the charge was in place, it's been a downward spiral of one order of sale hearing after another...

[Basil Fawlty]

How is it possible that someone can have a CCJ and know nothing about it?

Is this legal? Dont they have to inform you that they are taking you to court to give you an opportunity to defend?

 

BF

[sequenci]

How is it possible that someone can have a CCJ and know nothing about it?

Is this legal? Dont they have to inform you that they are taking you to court to give you an opportunity to defend?

 

BF

 

You should receive notification of any claim in the post. Unless you have moved or the mail doesn't get delivered it would be unlikely you wouldn't know.