Quick bit of advice re: Charging Order pls

[terrytibbs100]

Hi Everyone

 

Not been on the forums for months due to health/personal issues. To cut a long story short I lost a court case in the summer and the creditor (Nationwide) has successfully got an Interim Charging Order and the hearing to make it final is imminent. It's down in the paperwork as a restriction as I'm a joint owner in the property.

 

Big problem is that due to issues mentioned earlier (so my responsibility/mistake/fault) I didn't deal with the situation so it's got to this stage. I can't attend court (no chance I can make it whatsoever for health reasons).

 

Not sure what I can do next - can't attend court, so do I just wait for paperwork to come through saying it's final? Then is there anything I can/should do? My understanding is that even if I could attend, it would be highly unlikely that I'd be able to prevent it being made final anyway?

 

From the research I've done, am I right in saying that a restriction simply means that Nationwide would have to be informed if the house was sold? But not necessarily paid out?

 

I realise that I've not really helped myself here (due largely to circumstances out of my control) - but is there any help or advice anyone could give as damage limitation?

 

Thanks TT

[Ganymede]

Yes you are correct about only having to notify but the Claimant could potentially apply for an Order For Sale.

 

Write to the Court explaining your situation and make an offer on the basis that not OFS be applied for whilst payments are maintained.

 

Your best option is the try and get the above in the FCO as it will be made final in all likelihood.

[terrytibbs100]

Thanks Ganymede

 

Is there anything else I could/should add into my letter to the court?

 

There are other circumstances which could favour me slightly - my wife owns more of the house than me (in fact my equity is almost nothing) plus the fact there are 2 small children living there.

 

Thanks again for the help.

[Ganymede]

Base your offer on what you can afford and will be able to maintain. You could support it with and I&E too maybe.

 

Those arguments are not going to affect a FCO, the are more suited to opposing an OFS application.

[Ganymede]

Base your offer on what you can afford and will be able to maintain. You could support it with and I&E too maybe.

 

Those arguments are not going to affect a FCO, the are more suited to opposing an OFS application.

[terrytibbs100]

Thanks Ganymede, you've been a great help.

 

TT

[cymruambyth]

When the CCJ was granted did you get an instalment order to make payments and if you did have you been making these payments?

 

Even if aren't able to attend you need to send a ws to the court stating your case.

[terrytibbs100]

Thanks Cymruambyth

 

There hasn't been an instalment order granted yet (judgment was forthwith) - I got taken ill very shortly after the court case so nothing has been arranged. I have been paying existing payments through my DMP though.

 

Case is listed for tomorrow so not sure what I can/should do at this late stage. This is literally the earliest chance I have had to deal with it.

 

Thanks for the advice though.

[cymruambyth]

I would still send a ws with a covering letter explaining why you are late in contacting the court and send proof of your payments through the DMP. With such short notice it probably won't have any use, however it may prompt the DJ to award the CO but with the caveat that you maintain your present payments and that as long as those payments are maintained no further action can be taken against you.