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Final Charging Order. Can they do anything right!!!!!

We received a copy of the final charging order today. Which states that the judge ...

"heard the solicitor for the claimant and the defendant not attending...."

We did attend so what is this :mad: (and what a waste of 2 hours of my time/wages I lost it was!)

I'm a bit worried by some of the content especially this part....

The interest of the defendant in the asset described in the schedule below stand charged with the payment of the sum of £6,160.50 the amount now owing under a judgement or order given on 28th October 2008 by ****** county court, together with any further interest becoming due and £208 the cost of the application.

I have a few questions if anyone knows about this kind of thing or has first hand experience. :confused:

1. The order states nothing about making monthly payments through our DMP, which was discussed at the hearing, as well as the fact that NR wouldn't go for a force of sale as long as we kept to this. Should this be included in the order/paperwork?

2. The original loan amount was for £5000, so interest has already been added to this amount. I don't see how they can continue adding further interest to the amount? (As I've said I really don't know how this works:o)

Any advice/help is most gratefully accepted! :beer:
Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.

Comments

  • jonathon
    jonathon Posts: 760 Forumite
    Part of the Furniture 500 Posts
    on ours there was no mention of us paying through a dmp either.
    there was no more interest added, but when we sold our house thay did add a settlement charge.
  • tasha999
    tasha999 Posts: 158 Forumite
    jonathon wrote: »
    on ours there was no mention of us paying through a dmp either.
    there was no more interest added, but when we sold our house thay did add a settlement charge.

    Thats a relief, I was thinking they would expect full payment! which is ludicrous! I hope we don't get any more interest added too, I worked out that the standard interest of 8% would add about £5 a month to the amount :eek:. We do not plan to sell at all, especially since we are more than £12000 in negative equity.
    Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.
  • 10past6
    10past6 Posts: 4,962 Forumite
    This is very confusing, have they sent the correct paperwork for YOUR case to you?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Primmer
    Primmer Posts: 2,187 Forumite
    Car Insurance Carver! Cashback Cashier
    The final charging Order is a standard Order which simply states the amount of the debt and fixed costs and the property it is to be secured against, so it is not unusual that it had no mention of instalment payments.
  • 10past6
    10past6 Posts: 4,962 Forumite
    Primmer wrote: »
    it is not unusual that it had no mention of instalment payments.
    In order for a payment method to be set up, the debtor needs to apply for a "redetermination hearing"
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • tasha999
    tasha999 Posts: 158 Forumite
    10past6 wrote: »
    This is very confusing, have they sent the correct paperwork for YOUR case to you?

    Yes all the details are correct, nothing about a "redetermination hearing" was mentioned.



    Life is like a camera... Focus on what's important, Capture the good times, Develop from the negatives, and if things don't work out Take another shot.
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