Charging Order/repossession- Help

DIVA07984

charging order/repossession threat
Hi - not sure if i have posted in the correct section

I have had my mortgage for 4 years. I received a court letter last week - notifying me that i need to attend court in june - for a repossession hearing -
Due to a charging order that has been placed on my house and i have made no payments towards this .This is the first i have heard of this!!

I remember that the mortgage broker and myself had a falling out - as he told me that i needed to pay about £90 a month for life insurance - which i was not happy with as i already had insurance which was only £20- but we did get into a barny about this. He claimed that that this was his conditions for getting the mortgage which - he had never mentioned before.

Anyway there were numurous heated phone calls/letters back 4 yrs ago.
During what should have been happy moving in experience - i was plauged with diaster - couldnt move in for about 7 months due to water damage etc- survery not done properly

I have never received any paperwork regarding this charging out- But i need help/advice - in my response to the court

Can he force me to sell or out of my home - for what was originally a 4k debt

help i am worried - i have children and am having another one in may - and i have called a few people like payplan etc - as i have no luck getting through with citizen advice . No stupid comments pls - as i feel very stressed over this

RAS

Hi

It helps if you keep to one thread, so people can see the previous responses.

http://forums.moneysavingexpert.com/showthread.html?t=1514985

You need to contact

The court to find out who applied for the charging order and at what court.

The land registry who will have sent out papers to you regarding the charging order - find out dates etc.

The ring one of the debt charities here http://www.moneysavingexpert.com/loans/debt-help-plan#help

jonathon

when we had a charging order it was for an old cc debt we had been paying it off with payplan but thay wasnt happy with this and got a charging order we went to court to try to defend it but thay still got the order.
Im not sure how thay got the order without you receiving any paper work as there is a lot.
we were paying the cc back untill we sold and it was payed off.I understand it is rare that thay go for reppossion.
I think you need to contact the court and get information on the charging order and see if you can come to a repayment agreement.

with regards to the insurance when we got our mortgage we had a choice pay the brokers fees or take out there life insurance.

Olivia_Jones

I have heard that its very rare for a court to force a sale over a charging order on a small unsecured debt.Also when a charging order is applied for,you get sent through loads of bunff so do not understand how a charging order slipped through the net without the correct paperwork etc being sent to you,so i would challenge this to the court.Was the debt in your name only?Is your mortgage in joint names?as again if the debt is in your sole name and its a joint mortgage,then your partner would have a right to say to a court that its not fair that her home is being reposessed over your debt,plus you have children and a court is very unlikely to force a sale.Most lenders are happy to wait for their money from a charging order when the house is sold in the future.Good luck x

DIVA07984

never rececived the paperwork- as i said i have since found out that the buff was sent to the house which i bought - but i was still at my old address

i have phoned various people who - only seem interest in like iva etc

can anyone give me some solid advice regarding this situation please

10past6

Can you clarify, as these are 2 seperate issues, this

DIVA07984 wrote: »

for a repossession hearing -

Is very different from this

DIVA07984 wrote: »

Due to a charging order that has been placed on my house

They cannot reposes you home if it's a different creditor to your mortgage company.

The creditor who has the charging order can request via the court that the order be enforced by way of a forced sale, but they cannot reposes your home.

What's the name of the creditor your mortgage with, and who is the creditor that has the charging order?