charging order on home

POLLY23_3

jacklink wrote: »

so there is an interim charging order of over 37,000 and 80% of that is yours, is that right?

I own 80% of the property and he owns 20%. The interim charging order has not been agreed by the courts yet thats what Im going to court next week for

POLLY23_3

POLLY23 wrote: »

I own 80% of the property and he owns 20%. The interim charging order has not been agreed by the courts yet thats what Im going to court next week for

the debt is his not mine and there is no equity

kelloggs36

So Polly any stress caused can be traced back to your husband, is that fair to say? He hasn't made payments to the CSA and is now surprised that they are getting tough with him?

If there is no equity, then they won't bother to apply for an order for sale - the amount and proportions of equity become important at that stage, but at the moment it secures the debt to the house so that if you choose to move, then if the £37.5k owed can be paid out of his share of any equity at that time then it will be - otherwise it could stop you from moving house.

They may then decide to apply for alternative methods to get him to pay. What arrangement has he made to make payments off the debt?

Voyager2002

Please everyone, Polly has good reason to be worried. Whether or not this mess is the fault of the CSA or of her (absent?) husband, it is certainly not hers. I am glad that some good practical advice has been given, demonstrating that her situation is not quite as bad as it seemed. All I can add is my hope that things get resolved with the absolute minimum of stress and expense.

kelloggs36

In reality she has nothing to fear as there is no equity, so they just won't seek to sell. It also irks me slightly that she says that the CSA have had 16 years to sort it out, yet fails to acknowledge that actually it is her husband who is entirely at fault for failing to face up to his responsibilities in the first place and make payments to the CSA.

POLLY23_3

kelloggs36 wrote: »

In reality she has nothing to fear as there is no equity, so they just won't seek to sell. It also irks me slightly that she says that the CSA have had 16 years to sort it out, yet fails to acknowledge that actually it is her husband who is entirely at fault for failing to face up to his responsibilities in the first place and make payments to the CSA.

I am so glad you are irked I am not going into the finite details on this web site on right or the wrongs lets just say there is more, case notes lost ect. If you are not going to give practicle help then stop telling me what I already know its not helping

kelloggs36

I feel I have given practical advice - your husband needs to start to make payments towards the arrears and if as you say, there is no equity in the property you really have nothing to fear, but you do need to sort the problem out by making payments. If he does start making payments that will go some way to preventing him being sent to prison which is the next option if they can't secure the money from the house. I had an ex who failed to pay and who had 3 charging orders on his house because he refused to pay. AT the end of the day, I felt no guilt whatsoever at the prospect of his house being sold from under him because he had put himself in this position - the CSA cannot be blamed for some people refusing to pay, only that they could have got to that stage much sooner. Had they applied for the order for sale and it been awarded, then he would be looking to explain his actions to his new family who were affected - the blame lie fair and square on him and not the CSA or the PWC who has had to go without whilst all the arrears were being clocked up. 37k is a huge amount of money - is this a full assessment or an Interim Maintenance Assessment? If it is an IMA then your husband needs to make sure that he sends all the information that is required to convert the assesment to a full one which will reduce the amount owed. There is no point in being angry at anybody other than your other half! We are offering advice, but are free to offer opinions from the other side of the fence - particularly if we have ourselves suffered from the other point of view - it isn't all about the adults, but the children but most of all the children who have had to go without because of the failure on the part of the NRP to maintain them in a way they should have been maintained.

pd001

kelloggs36 wrote: »

I feel I have given practical advice - your husband needs to start to make payments towards the arrears and if as you say, there is no equity in the property you really have nothing to fear, but you do need to sort the problem out by making payments. If he does start making payments that will go some way to preventing him being sent to prison which is the next option if they can't secure the money from the house. I had an ex who failed to pay and who had 3 charging orders on his house because he refused to pay. AT the end of the day, I felt no guilt whatsoever at the prospect of his house being sold from under him because he had put himself in this position - the CSA cannot be blamed for some people refusing to pay, only that they could have got to that stage much sooner. Had they applied for the order for sale and it been awarded, then he would be looking to explain his actions to his new family who were affected - the blame lie fair and square on him and not the CSA or the PWC who has had to go without whilst all the arrears were being clocked up. 37k is a huge amount of money - is this a full assessment or an Interim Maintenance Assessment? If it is an IMA then your husband needs to make sure that he sends all the information that is required to convert the assesment to a full one which will reduce the amount owed. There is no point in being angry at anybody other than your other half! We are offering advice, but are free to offer opinions from the other side of the fence - particularly if we have ourselves suffered from the other point of view - it isn't all about the adults, but the children but most of all the children who have had to go without because of the failure on the part of the NRP to maintain them in a way they should have been maintained.

I do feel that prison could actually be some way off at this stage.

kelloggs36

It depends - if the NRP fails to make an offer, then there won't be many stages left (if any).

manckaren

pd001 wrote: »

I do feel that prison could actually be some way off at this stage.

Not necessarily so. After 14 years of ducking and diving, the CSA have finally caught up with my ex. He has had contact with them on and off and after they ran out of patience, an Interim Maintenance Assessment was put in place. When the debt reached £16,000, he decided to contact them and deny any receipt of correspondence over the years (despite it being sent to two addresses). They in turn requested iformation with a view to converting the assessment. He did nothing, so they refused, after a period of time, to convert (which they are able to do). Two Charging Orders are registered against a property he owns, although he lives with his partner in her home. I have been advised that the CSA are LOATHE to force a sale and should they decide to, it is costly and it can take up to two years.

I am informed that they are currently taking him to court, but cannot tell me anything, as it is now a police matter and that they WILL be seeking either a custodial or withdrawal of driving licence (which he needs for his work).