HSBC Charging Order and what Payplan have stated ..is this right??

[Duffers Mum]

Hi, I'm asking this on behalf of a friend because I was a little concerned by what he told me. He deals with Payplan and they have sorted out various issues for him, however HSBC bank have a charging order on his house, they have now come back to him and said they need him to increase payments from the £20 per month he is paying, if he doesn't they will then go for an attachment of earnings order. Can they do this? I would have thought having a charging order against his house was enough. Any advice greatly received

[sequenci]

was the £20 a month arranged via the court?

[Duffers Mum]

Sequenci - i quote from my friend -

No. It was a figure that PP calculated from our finances, as per all of our repayments to everyone.

 

Your thoughts on this please? Thanks

[Zimmie]

Having a charging order usually keeps them happy knowing that they will at some point get their money. Usually the pre CCJ threats are to gain a CO or attachment of earnings. Seems a bit unfair to want both, but I don't know the legailities of this.

Is your friend sure either at the CCJ or CO stage that a monthly amount was not mentioned by the court.

[half ax I]

DM. Prior to a CO there would have been a CCJ. A CO is usually applied for if the CCJ order is not complied with. If payments agreed to satisfy a CCJ are kept to then this can be an option for suggesting that the court doesn't grant a CO. Sounds like the CCJ hasn't been satisfied or payments made in accordance with the order so they went for a CO which was granted. What they are now going for is enforcement of the CCJ to get the money. AOE is one option for them. Ultimately they do have the CO to fall back on.

 

The answer to your question then is Yes they can try. Could ask them to deal with PP as per other creditors or send them an Income & Expenditure statement showing that they cannot get any more blood out of the stone.

 

Good Luck to your friend.

[mini mee]

i did not have a ccj against me they went straight for the charging order and got it

[sequenci]

i did not have a ccj against me they went straight for the charging order and got it

 

That is impossible unless you allowed them to add it voluntarily

[JR1]

can they go straight for a charging order without getting a ccj first?

[paulwlton]

can they go straight for a charging order without getting a ccj first?

 

No, unless of course it was voluntary as Suequenct as previously posted

[ukaviator]

Before a court will consider an application for a charging order, the lender must have issued a county court judgement and you must have failed to make payments on that judgement or not paid the judgement according to the requirements of the court.

 

The lender will apply to the court for a charging order, once the court has considered the application and is satisfied with the application, you will receive the order on a N86 form.

 

The form will include information regarding the time and date of the hearing when the judge will decide if to make a final charging order.

 

If the judgement is put in place, you will receive a N87 form (Final Charging Order), this form will also be sent to the lender. The lender will then need to inform the Land Registry of the order.

 

Did you get an N86 or an N87 Form from the court?