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

thepinkladez_2

bumpity bump!!

fermi

To be honest, I think that the posts on this thread after number #51/52 have just confused the issue here.

As far as I can tell you arguments at that point were those that CCCS/NDL would recommend, and I'm not sure how much any more tweaking would help.

Saying that, this is not an area I have had to go through myself, so I could be talking rubbish.

A final check with CCCS or NDL before you send would be wise.

thepinkladez_2

thank you fermi yes i will probably give both a call!

dixie06

Hi Mrs Pink

I just wanted to offer you my support, I unfortunately have nothing more to add. I'm going through the same at the moment with court dates set at the beginning of September and your post has been really helpful with writing my objection letter. One thing that I have seen somewhere is that you can offer another form of security to the judge i.e. attachement to earnings to show willingness. I missed just one payment on my CCJ and made it up the next month and now i'm in this pickle! I've been trying really hard to reduce my debts as well cleared about £1000 since the beginning of the year, so hopefully if that is mentioned to the judge as well they will see its not just a case of simply not paying.

Anyhow Good Luck for now and keep us updated with goings on.

Steve40_2

HI I am a newbie and have just registered after reading your thread . I am in a similar situation to you . tho i already have 1 charging order .and set to get another 2 tomorrow.
The first charge on put my property into £39000 negative equity i explained to the judge that the house was in £23000 NE before she made the order it was a deputy district judge , She informed me that she had a duty to the creditor and thats why she made it . The lender is also entitled to add 8% interest every year if they want to and 99% will
The other 2 orders will put the house into £63000 NE but because my wife is entitled to half the profits from any sale, because she pays half the mortgage, the house will have to increase in value by £122000 + 8% a year before anybody gets payed .

I did everything i should have done with regards to informing the creditor of my situation. filled in there means enquiry forms but they took me to court and had ccj's set at ludicrous amounts which i couldnt afford so we applied for redertimination's The hearing's for the first debt went ahead but the solicitor asked the judge to grant a forthwith order for me to pay the whole amount so that they would be able to apply for a charging order as it was going to take to long for me to pay the debt back, the judge granted the order on these grounds . on the following 2 ccj hearings the judge gave leave to apply for charging orders and the solicitors did exactly that.

There are more and more solicitors using the forthwith order route so that they can apply for charging orders, judges are currently in the habit of making CO's final for debts of more than £10000

I also contacted the NDHL and CCC's and to be honest apart from them telling me to declare BR there advice wasnt that good tho the second judge did
aknowledge CCC's involvement

I thought after the first charge was made i wouldnt hear anything else about it but i have received a letter from shoosmiths asking me to list all my assets including TV
washing machine sofa etc etc and to make them an offer of payment . I tore it up and stuffed it in the bin . for god sake what more do they want?


The only up side to both our situations is that CO's dont prevent us from selling our homes it just means that the creditor gets there money out of the procedes once the first charge which is the mortgage has been paid, If there isnt enough money in the house to pay everybody the CO's become unsecured debt once again . So although its one of the worst nightmares you ever had you can still come out on top. By letting the creditor spend loads and loads of money on solicitors and hearings then turning around and saying i dont want this house anymore and putting them back at square 1 with unsecured debt to retrieve. After all its not a criminal offence to volutarily have your house reposessed . if you take the keys back the lender all they are bothered about is there money. in my situation it would mean drydens and shoosmiths would get nothing. Neither would nationwide who are the most relentless lender i have ever come across

The funniest thing in my situation is that its 2 solicitors working for one creditor fighting against each other and causing the creditor to prejudice against themselves they are also comitting harassment to me .


Anyway lets hope it doesnt get this far in your case i just wanted to share my experience's with you

Steve40_2

Just to add how many of us were made aware that our homes were at risk if we did not keep up repayments on UNsecured debt ?

craftingqueen_2

Having read through this thread, we had to go through this in May, my hubby had been taken to court for two CO nationwide and NR. Nationwide got the CO but NR did'nt. We had kept up all monthly payments not missing one, but these creditors still tried for the CO's. We used all the information on NDL , we have children, i paid the deposit etc. Even negative equity the judge in my hubbies case said that did'nt matter in years to come you could have equity?.
It really depends on the judge and wether the creditor turns up as well. Everybodies experience is different to others, good luck with you court case .

CQ

Steve40_2

Ok Just got back from court and despite a lot of arguing in the court room the judge finally decided that the orders would be granted even though it puts my house into £65000 NE .

Queen

Hi, posted on here previously about co with RBS which I am still waiting for this to be dealt with, spoke with payplan for over an 1hr they are so helpful and understanding, our mortgage goes up by £175 from 01st Sept, B Gas have increased month payment from £67 to £156.00, all essential utilities have increased, my hubby is trying to go back to work long term illness he has a job but is having more bad days than good. However they calculated that after essential bills we have a minus balance of just over £500 amonth
I have spoken with mortgage lender who is not able to accept arrangements she could cancel this moths payment but we would need to pay double next month this is no good, we would just ne hanging our selves. If we sold we would probably only just cover mortgage due to drop in house prices what the eck do we do.

So its either eat and not pay all essentials, or pay all essentials and not eat!

Many Thanks

thepinkladez_2

queen, i am here for you. You poor thing you must be having a terrible time right now. please try to keep strong. I dont really have any advice to give you as luckily for us we have another year on our fixed rate and just managing to pay the bills! this was my thread originally but i am glad it has provided hope/support whatever to others, please keep posting!
on another note we are obviously still waiting for 16th sept to arrive i feel less nervous as i just have to keep strong and hope for the best. i will keep all updated on any news i do have.