pls help just had a charging order but haven't done anything wrong, i can't go on

fermi

I agree, it seems to have covered it all. But I've no personal experience of these, so take my opinion with a pinch of salt.

Alisonbel

Really gutted reading posts as we had problems with Egg and Drydens and ended with charging order. We never missed a payment, my husband buried his head in the sand and refused to go to court or contact them.I now realise this could have been avoided. Good luck to everyone trying to battle these bullies.

thepinkladez_2

hi alison dont be gutted the whole road to be df is a bumpy one and also a very steep learning curve. tbh i would quite like to bury my head in the sand, but i am in debt from doing that for far too long! i just figure that this might not work at getting the co thrown out but i have nothing to lose and alot to gain if i can!
can you tell me about your experience with drydens etc?thats if you dont mind!There doesnt seem to be a great deal about them on here (not like macenzie etc)!

thepinkladez_2

can any provide some advice on the following question for me?! do i need to write a letter to both the courts and drydens objecting to the co as its my dh debt and they want to put it on our house that we both own??

GeorgeUK

No idea - but as nobody else has replied i would suggest giving nationaldebtline a call. Tell them you have read their factsheet and will be defending in court, but need some advice.

good luck with this

shinyhead

Your letter covers about every point that mine did when I wrote my letter of objection a while ago. You've said that both Drydens and Egg are aware of other creditors but you might want to put in to demand they prove that these other creditors have been informed of the interim CO as they too have a right to object. What reason have they put on the court paperwork for getting a CO? You need to demand they prove the reason ie if in arrears and by how much and when. You might find that closer to the hearing that they might accidentally find the payment(s).

The letter of objection you've written for your OH and any supporting evidence such as payment records etc should be sent to Drydens, the court and to the land registry office from where the interim CO was produced. They all need to be sent recorded or special delivery. The deadline for the arrival of the letter at the land reg is different to the court. It will be in the CO paperwork. I suggest you do the same with your own letter.

Calling ND as well would be a good idea. I did the same and found them extremely helpful.

thepinkladez_2

hi Shiny, these are the letters they sent, i dont think they make much sence or say why they are going for co?thought id post them up incase someone understands them better than me?!!

letter one ( assume this is just cancelling redetermination hearing??)

before deputy district judge proctor sitting at blah blah court blah blah address!

upon the courts own motion. The court has made this order of its own initive without a hearing. if you object to the order, youmust make an application to have it set aside, varied or stayed within 7 days of recieving it.

it is ordered that:

the hearing on 5th august 2008 is vacated.

letter 2

on 22 july, district judeg mchale considered the application of the claimant (the judgement creditor) from which it appears:

a) a judgement or order given 1 may 2008 by court bulking centre order the defendant (the judgement debtor) to pay money to judegment creditor:
b)the amount now owing under the judegment or order is £12,692.90 (inc interest and costs); and
c)the judgement debtor is the owner of, or has beneficial interest under a trust described in the schedule below

the court orders that
1) hubbys details (name and how much is owed)
2) the application will be herad on 16 sept at court when a judge will decide whether the charge created by this order continue (with or without modification) or should be dishcharged)

CCCS_Matthew

Hi there, just been reading through this thread.

Can I ask how much equity you have in the property, and how much debt you have in total with all the other creditors? You can always PM me if you don't want to put the details on the thread.

Regards, CCCS

thepinkladez_2

hi matthew ,
total debt is £35,810.00 this month. we bought our house for £125,000 we have a fixed rate til next august ( £6,000 penalty if we sell before this date) house prices in this area for a similar type of property range from £125,000 to £150,000. depressingly the only ones with sstc are 2 at 120 to 126 ish mark and one at 160 mark. so its hard to say really what its worth.

CCCS_Matthew

Hi again,

The only reason I ask, is that if you can point out the fact that there is not enough equity in your property to allow all creditors to obtain charging orders, you can argue that allowing this particular creditor to put the charge on the house is offering preferential treatment over the other creditors.

As you are on a DMP, you are currently ensuring that you are being fair to all creditors by giving them pro-rata payments, and you can mention that a charging order could jeopardise being fair to everyone.

Regards,
CCCS