charging order objections HELP NEEDED

mark68_3

hi there can anybody think of anything to add to this objection to a charging order, this is my wife writing to the court and creditor and land registory
i would like to object to the application for a charging order being placed on the above property.
The grounds for my objection are as follows:

I own the home jointly with my husband Mr *******, the judgment in this case is in his name only. Currently the mortgage is paid from a joint bank account of which we both contribute to the payments. The deposit for the house was paid jointly by me and my husband.
The house that we live in is a family home which we hope to stay in for the rest of our lives.
We have 2 children aged 9 and 10 who have settled in to their local school and are doing very well with lots of good friends in the area that we live. I feel that any forced move may unsettle the children. My 9 year old boy was born with reflux which has left him with a sensitive bladder as a result he is currently under a consultant at ***** children’s hospital. This condition means he as urgency in the day and bed wetting in the night of up to 3 times a night, the school and friends are use to his condition which he finds upsetting and embarrassing at times. If a charging order is made on the property they would suffer undue hardship.

In addition to this I feel that a charging order would give an unfair priority over other unsecured creditors who have accepted pro rata payments based on a personal budget plan my husband as supplied with the help of national debtline.
My husband is not trying to ignore is debt and wants to work very closely with all is creditors and try and become debt free within 5 years. I would like to take this opportunity to express my sincere hope that a mutually acceptable arrangement can be made, one which will allow repayment to our creditors at a level which is affordable based on our circumstances.
Kind Regards

shinyhead

You may want to stress that the CCJ payments aren't in arrears providing that'strue and quote Mercantile V Ellis 1987.

There are are a load of objections you can try and they're all listed in a factsheet on the National Debtline site.

Have you received the interim order? Do you have much equity in your house? If you don't have much then you might want to speak with CCCS or Nat Debtline about bankruptcy.

The main reason people don't go BR is the assumption the house will be lost. This isn't always the case. If you have little/no equity then it could be possible for your OH to buy back your beneficial interest in the house for a nominal sum plus a couple hundred quid legalcosts.

Obviously I'm an amateur but a few phone calls could mean a lot. Not sure if you've had the interim whether this affects it-I believe it simply means you can't sell the house until the order is either made final or thrown out.

Once again contact the professionals for advice.

Sorry if it sounds like I'm the devil's advocate but I thought it might be worth a mention.

mark68_3

thank you i have the interim order and the charge is based on a fortwith judgement, what i was told by a fee charging d m company that they would action , but they never did i am now taking advice from national debt line the letter i am writing for my wife

shinyhead

Ahhh, a fee-charging company. I see you've said you've taken advice from Nat Debtline. Was this just info from their site or have you called them?

I suggest you need to urgently speak with CCCS 0800 838 1138.

National Debtline 0808 808 4000

I also suggest you stop dealing with that company.