Charging Order? The myth
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Hi eggbox
Thank you again for your response. I thought that might be the case but when you can see the process beginning fairly imminently it gets a bit scary. Rational thought processes go out the window.
Well, I will try sleeping at night again.SCP # 034
The £1000 emergency fund #590 -
I think also, making someone homeless would be very unlikely… my creditor has twice threatened me with an OFS and so far has not followed through…
*touches wood*
D450 -
so_very_confused wrote: »Hi eggbox
Thank you again for your response. I thought that might be the case but when you can see the process beginning fairly imminently it gets a bit scary. Rational thought processes go out the window.
Well, I will try sleeping at night again.
Sleep.. what's that?!! The nights are dreadful and I don't sleep at all… it's so much worse at night for some reason… so what happens is that you fall into a deep sleep during the day…
I'm so out of kilter now, I'm virtually nocturnal.
Creditors should not be allowed to prey upon people to the extent that they seriously affect the health of those whose only crime (in my case) is to be poor ...:(
D450 -
Hi D45
Read some of your posts, don't know how you are coping.
Thanks for taking the time to reply:)SCP # 034
The £1000 emergency fund #590 -
so_very_confused wrote: »Hi D45
Read some of your posts, don't know how you are coping.
Thanks for taking the time to reply:)
You just have to cope as best you can… I can honestly say that this has been a life changing episode for me and one from which I will never fully recover… the nightmares and anxiety are crippling.
It would be so much easier if I could afford to pay a lawyer…
So many people in this boat without the means to defend themselves in court.. How can that be justice!! :mad:
I hope all goes well for you eventually…
D450 -
Eggbox… the thread seems to be functioning at the moment… you gave me a scare…
Arrggghhh!!
D450 -
Hi
Back in 2008 a final charging order was made on our home due to my husband not being able to keep up with car finance. This is for approximately £9k now as he was regularly paying £20 a month.
However, when we changed bank accounts he didn't set up a new standing order and hasn't being paying them.
They have wrote to him and I am petrified they will now be able to take our family home. He has wrote back asking to start up the £20 per month again and told them he has no money and is on benefits.
We have 2 children under 16 and about £50k equity in the home and a joint mortgage.
Are they allowed to force us to sell as we would never get another mortgage and effectively be homeless.
Sorry for rambling but I am so scared about this
Thanks0 -
Hi Fergie42
Don't lose any sleep over this as whilst they can apply for an Order For Sale the chances of them succeeding are less than zero.
This is because of your circumstances of having children and also the property being a family home. Your husband's creditor will also be aware they have no chance of obtaining an Order For Sale and will understand that attempting to do so will only waste their time and cost them the expense of court please .
Most creditors who obtain a Charging Order fully understand that they are in for a long wait before the debt is repaid. So don't get worried if they write and explain they will have to apply for an order for sale if you don't pay more money?
It will be an underhand bluff to try and scared the wits out of you so you started paying money you can't afford. For now I would just repay them what you feel you can and leave it at that.0 -
Hi Fergie42
Don't lose any sleep over this as whilst they can apply for an Order For Sale the chances of them succeeding are less than zero.
This is because of your circumstances of having children and also the property being a family home. Your husband's creditor will also be aware they have no chance of obtaining an Order For Sale and will understand that attempting to do so will only waste their time and cost them the expense of court please .
Most creditors who obtain a Charging Order fully understand that they are in for a long wait before the debt is repaid. So don't get worried if they write and explain they will have to apply for an order for sale if you don't pay more money?
It will be an underhand bluff to try and scared the wits out of you so you started paying money you can't afford. For now I would just repay them what you feel you can and leave it at that.
Thanks so much for your reply. What happens when the children reach 18 though as they are 14 and 15 now? I know it seems a long way off but I can't help worrying.
thanks again0 -
Nothing happens as its still a family and primary residence.
If you want further assurances search Google for the following two items;
1. People who have had a Charging Order made against them after falling into debt.
2. People who have been forced to sell their homes after receiving a Charging Order.
You will find hundreds of examples of number 1 but I will wager you will not be able to find any examples of number 2?0
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