Charging Order? The myth

Thanks Eggbox.

Harisumo
Marlin has sent me Incom Exp form to fill, I will try to delay as mush as possible. My point of arguing wld be if Nram was happy to ask no monthly arrangement then why are you asking for monthly payment. so wait when the property gets sold.

chkymonky wrote: »

Thanks Eggbox.

Harisumo
Marlin has sent me Incom Exp form to fill, I will try to delay as mush as possible. My point of arguing wld be if Nram was happy to ask no monthly arrangement then why are you asking for monthly payment. so wait when the property gets sold.

Don't fill in any I&E form, just lay out broadly that you are unable to pay anything above what you offer due to your circumstances. Make sure you point out you have 3 young children to feed and cloth and you have "priority" debts to deal with first (priority debts are items like mortgage, tax, utility bills etc.) You don't have to lie just state they have to be dealt with first. All I would say about Nram is you weren't able to repay them and the fact a different company has taken over the debt doesn't alter the fact.

1. Yes - anyone with a CCJ against you can apply for an attachment of earnings. Up until recently they were unheard of (in cases where there was a CO), but Marlin did try with my ex. But she is genuinely self employed so it was of no benefit to them as attachment of earnings aren't possible against self employed people. (but she was never asked to prove her self employment)


2. The only way they can, legally, check your income etc is to drag you back to court to be questioned by a Judge. I've never heard of this happening and it would be time consuming and expensive with the Judge likely to point out they have security for the debt anyway.


It can be unnerving when you get vermin like this trying to make you believe you are going to lose your house. But you need to understand its a numbers game for them. They send out these threats to, let's say, a hundred different people in the same circumstance as yourself. They know some will falter (understandably) and end up paying money, often, they can't afford. Just don't be one of them.


The facts are there to be seen that if they took you to court for an OFS they would lose as your family's rights and the reason you purchased the property far outweigh a skunk eyed company trying to make a profit on an, optionally, purchased debt! If you look at Forkinground's posts (around posts #1580) you will see he had already made an arrangement to pay money before they went into court. However, he also pointed out that the Judge had said she wouldn't have granted the sale anyway.


You do, also, need to explain when you write to them that you understand the protections in place for householders (especially with children) against an Order For Sale being granted. Once they know you know this info, they will understand threatening you with an OFS won't wobble you.

I take the view if you don't help other people then you can't expect other people to help you when its your turn for help! (I try to avoid my old man's philosophy which was - a friend in need is a pain in the ar*e! )

The CCJ still remains but it's then up to the creditor to chase you by another method (which is unlikely)

But if you purchase another house they can apply for a CO again so be warned ok