URGENT advice needed about a charging order on property

michelleliverpool

Hi,

I would really appreciate any advice about my situation which I will try and keep brief.

I lost my job in Nov 2007. I was incorrectly told I was not entitled to any sort of benefit (and remain unemployed still) so finished up living off credit cards etc. To be honest I never envisaged being out of work for so long.

As time went on, the debts got bigger, I felt crappy not being able to get work and I went into a bit of a hole. The letters started coming and I got to the stage where I couldnt face opening them (as i knew what they were) so made the mistake of burrying my head in the sand.

Anyway cut a long story short MBNA collated 2 credit cards (Sony and Virgin) the debt of which is £4443.75. Turns out I missed a first court appearance and they have applied for a charging order to be put on the house (I have a mortgage)-I have to go to court this Thursday.

I did go to the CAB (2 weeks ago) who are going to help with my debts but it was too short notice to get someone from there to come to court on Thursday-they are totally snowed under at the mo.

So any advice for thursday? Whats my best line of defence or do I just have to take whats coming.

Please, if any of you have any advice I would really appreciate it. My head is out of the sand now and I am going to climb out of this hole. I think this website and forum are fantastic, makes me realise I am not the only one!!

Thanks
Michelle

jonathon

im afraid this isnt going to be much help but it is quiet hard to stop a charging order.
you havnt really left yourself much time to ask for help.i think once thay get the CO is try to come to an agreement to pay it off monthly.

michelleliverpool

Thanks jonathon. Do you know if that means I wont be able to reclaim any of the charges? i.e is the amount in the charging order set in stone?

Also when I go to the court will I be subject to lots of questions?

Michelle

Fire_Fox

Who incorrectly advised you you were not entitled to benefits? Have you been diagnosed with any medical conditions (e.g. stress/ depression) as a result of your present situation?

jonathon

i think once thay have the charging order it is set in stone. this is what happened to us when you go to court you go in and see the judge in an office not a court room you only need to speak if you are trying to defend the claim as we did.
we argued that it was unfair on our other crediters and that as we were paying them through a dpm a CO wasnt needed thay stilll got the CO.
looking back and knowing what i know know i would have got a a copy of the cca.
what i thought was unfair was the soliciter for the other side was in with the judge before we went in she didnt come in at the same time as us, so we got the impression it didnt matter what we said the judge had allready made his mind up.

10past6

Hi Michelle

michelleliverpool wrote: »

Turns out I missed a first court appearance

How come you missed the first date?

michelleliverpool

Fire_Fox wrote: »

Who incorrectly advised you you were not entitled to benefits? Have you been diagnosed with any medical conditions (e.g. stress/ depression) as a result of your present situation?

I tried to make an appointment at the job centre and was fobbed off with a telephone number. I rang and explained that I was out of work and had received a small amount of redundancy. I explained it was only the equivalent of one months wage. He said I wouldn't be able to claim. Turned out I could and should have.

Yes, I have extreme anxiety (panic attacks, cant sleep etc) and depression. I am recieving medical help and probably more importantly trying to get all the debts sorted. Last week I spent an entire afternoon opening all the unopened mail. :eek:

michelleliverpool

10past6 wrote: »

Hi Michelle

How come you missed the first date?

I wasnt paying enough attention to all the mail but to be honest what they did send was by no means clear. I honestly never knew I was supposed to have gone to a previous court hearing.

10past6

michelleliverpool wrote: »

I wasnt paying enough attention to all the mail but to be honest what they did send was by no means clear. I honestly never knew I was supposed to have gone to a previous court hearing.

Michelle, I'll assist you, but I need some facts first.

It' very, very important you try and remember what happened.

When you received the initial claim form (This would have been an N1 form) what did you do with the form?

On it you had a choice, admit / deny / dispute, can you remember what you selected?

michelleliverpool

jonathon wrote: »

i think once thay have the charging order it is set in stone. this is what happened to us when you go to court you go in and see the judge in an office not a court room you only need to speak if you are trying to defend the claim as we did.
we argued that it was unfair on our other crediters and that as we were paying them through a dpm a CO wasnt needed thay stilll got the CO.
looking back and knowing what i know know i would have got a a copy of the cca.
what i thought was unfair was the soliciter for the other side was in with the judge before we went in she didnt come in at the same time as us, so we got the impression it didnt matter what we said the judge had allready made his mind up.

Thanks. At least I know more of what to expect now! Cant say I am looking forward to it. I hope the judge will be fair in deciding the monthly repayments. I am looking for work but am currently on benefits. I just want to get the whole thing over with!

michelleliverpool

10past6 wrote: »

Michelle, I'll assist you, but I need some facts first.

It' very, very important you try and remember what happened.

When you received the initial claim form (This would have been an N1 form) what did you do with the form?

On it you had a choice, admit / deny / dispute, can you remember what you selected?

Hi,

I have looked through all of the paperwork and I cant even find this form!
So its safe to say I didnt do anything with this form. I have obviously dropped a complete donkey here by letting things get this far