We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Charging Order (????)
getti
Posts: 43 Forumite
Hi all i hope you can help. I been browsing here for a while and this forum has helped me personally many times with mobiles but now something serious has come up and im about to reach breaking point.
My parents had a unsecured loan a few years back. To cut a long story short it was sent to a collection agency who have taken it through a court for a CCJ for £4,430. This has now happened and the CCJ actiond
They sent a letter about 2 weeks back saying they are going to go for a Charging Order on the property. Today a letter from the local land register came B136(CO) explaining the people involved.
I have tried searching to ease my mind but as i live at home i really need some advise what happens now.
Once the charging order goes on what will happen then? Can installments be paid to clear the debt and if it gets paid off will the charge then come off the property?
My worry was it goes further or something really bad happens so please can someone ease my mind.
Between me and my dad we can pay them £300 a month meaning in 14 months the whole debt would be paid off. Would this be what we have to agree too with the collection company now direct?.
Letters have been sent to the company since they wrote to us but they are just ignoring them totally so must want the charging order.
Its causing me to loose sleep and effecting my performance at work because i dont know what happens now.
4yrs when everything went wrong at home with my dads job the Bailiffs came in for Council Tax and there was money owing on the mortgage and nearly lost the house causing me at only 20 to breakdown.
I would REALLY appreciate it if someone can advise what happens now once the charging order is in place
many thanks
Dan
My parents had a unsecured loan a few years back. To cut a long story short it was sent to a collection agency who have taken it through a court for a CCJ for £4,430. This has now happened and the CCJ actiond
They sent a letter about 2 weeks back saying they are going to go for a Charging Order on the property. Today a letter from the local land register came B136(CO) explaining the people involved.
I have tried searching to ease my mind but as i live at home i really need some advise what happens now.
Once the charging order goes on what will happen then? Can installments be paid to clear the debt and if it gets paid off will the charge then come off the property?
My worry was it goes further or something really bad happens so please can someone ease my mind.
Between me and my dad we can pay them £300 a month meaning in 14 months the whole debt would be paid off. Would this be what we have to agree too with the collection company now direct?.
Letters have been sent to the company since they wrote to us but they are just ignoring them totally so must want the charging order.
Its causing me to loose sleep and effecting my performance at work because i dont know what happens now.
4yrs when everything went wrong at home with my dads job the Bailiffs came in for Council Tax and there was money owing on the mortgage and nearly lost the house causing me at only 20 to breakdown.
I would REALLY appreciate it if someone can advise what happens now once the charging order is in place
many thanks
Dan
0
Comments
-
Big hugs - it is unlikely they will make you sell the house if you are paying that much off. Would definitely be worth ringing the CCCS for further advice (or go to the CAB) as they know much mroe about all that!CCCS DMP:Feb 07
Total:£37,016.47 now £0 DEBT FREE FEB 14
2022 Decluttering Campaign 49/10110 -
Hi fermi seems to know alot about this kind of thing, I hope he/she will be around later and will be able to offer you advice.
Merlot.x."Wisdom doesn't automatically come with old age. Nothing does, except wrinkles. It's true, some wines improve with age. But only if the grapes were good in the first place." — Abigail Van Buren0 -
There is someone who knows more than me online. I'll PM them to take a look first.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Has an Interim Charging Order been granted yet? If so your parents will be given a date to attend court which is when the Judge will decide whether the charge can be made final. You can ask for an addition to the order to be made which states that "the order is not to be enforced so long as payments of £x are made each month/week."
Once the debt is paid, the creditor will remove the entry in the Land Charges Register and the court will satisfy the judgment.
Please try not to worry. Let me know if you need more info x x xPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
Looks like an Intrim one has been served already and a hearing for the FINAL one is 5th March 2008.
Its way too far to get there so can a letter be sent to the court with the offer of £300 a month until the payment is cleared or what?0 -
You can send a letter explaining your situation along with a statement of affairs to clearly show your parents finances and ask for it to be put on file in time for the heating. Make sure you clearly mark the date of the hearing as correspondance can get left if it doesnt appear urgent. Also ensure that your offer of payment is clear so that the judge can see exactly what order you want making.
You can also request that the case be transferred and relisted at your local county court if your parents did want to attend. x xPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
Thanks for that.
So in the letter we sent to the court on the top corner and on the envelope mark the hearing date and case details?
Letter will be sent tomorrow stating we could pay £300 a month for 14 months to clear the debt and this can be done on direct debit.
i REALLY hope its sorted although DO have a backup plan. I work full time for a phone network and have been having good wages. On 25th March i will have all the £4,300 in my bank so COULD pay in 1 large sum and then get my dad to pay me back. Of course i hope this would not be needed to be done but as a last resort could do.0 -
sorry for the bump, just wanted to check what i put was right so i can sleep tonight lol
thanks0 -
Sorry I missed your other question last night.
Yes send the letter to the court that issued the Charging Order but mark the hearing date on the actual letter you are sending not the envelope x xPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
Did you know that you can request that the charging order hearing be held at your local county court. It's almost always possible to do this espcially if you are working and it would cause inconvenience to your employer.
Also, paying it off in 14 installments of £300 is a fantastic deal for your creditor so it looks like plain sailing to me. Hope your doing ok now.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245K Work, Benefits & Business
- 600.6K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards