URGENT advice needed about a charging order on property

jonathon

how did it go ?

michelleliverpool

Hi guys,

First of all I want to say a huge thank you to all of you that replied with your experiences advice etc, it really has made a difference and made me feel not so alone etc and though I have had some support. This whole website I think is an absolute godsend and Martin, I really hope he understands the differences and the benefit he is bringing to peoples lives. And of course you guys too.

My reply is a little late as after thursday I just needed a break so went to stay with a friend for a few days, I just got myself that worked up!

So in a nutshell.

The judge agreed with the charging order. I met with the solicitor from MBNA prior to the hearing, she was actually very helpful and informative. In a nutshell what she explained was that:

a) due to the way the economy is going, all banks are panicking, so what might seem even like a small debt (i.e <5,000), is important to the bank. They just want to make sure they get the money back from me. End of the day, I have spent it, the only qualm I have is the excessive charges
b) charging orders are very common at the moment, that very afternoon she had another 7 after me
c) the fact that once you have a charging order can sometimes mean the people you owe the money to can make you sell your house, she said this is incredibly unlikely and would be unlikely any judge would agree (which was confirmed by the judge)
d)once the charging order is in place the people you owe the money to usually become a lot more relaxed and will only take from you what you can afford and when.

The judge was absolutely not budging on any of it. He absolutely agreed it immediately.

With regards to it being "set a side" and disputing the charges. The impression I got from both the solicitor and the judge was clear a) it will cost money and time and b) first you have to convince a judge you have a strong case and then b) you have to go to a long drawn out hearing and have a strong case.

This I am still unsure about. I tried to explain to the judge that I had contacted MBNA sometime ago and explained I was on benefits and tried to come to a repayment plan (and stop them with the charges) but he wasnt interested, he just said I am not here for advice go to CAB.

So all in all????

The charging order is there. Any advice what I do next?

If nothing else (I have always been told to look for the silver lining!)-this whole process has defintley educated me in the money way of things and made me face up to my debts.

Once again, thanks to you all. Any more advice most welcome!!

Michelle.X

michelleliverpool

Fire_Fox wrote: »

Sorry to hear how tough things are for you, hope it all starts looking a bit brighter soon. Lots of us have been in your shoes (medical or financial or both) so keep posting for support. :beer: I am not sure how the courts work, but you can get normal debt collectors to back off if you are 'vulnerable' - your medical conditions, if you can get written proof from your GP, may be able to be used in your favour. :T

Also are you in receipt of Incapacity Benefits or Jobseekers Allowance now? The phone number wasn't a fobbing off, that's the system now. It may work in your favour as they should have a record of your contact, as long as you gave some basic info (e.g. name and area). I am pretty sure that's the first stuff they ask for. If you have been misinformed you might be able to get some money backdated.

Thanks firefox for your post and support. I am actually on ESA (which is similar to incap), I am actively seeking work but seriously struggling!

I tried to back claim but didnt hear anything and to be honest got sick of the form filling and million and one phone calls. I think, end of the day, the damage has been done, I just want a job, earn some money and get the debts payed off. All easier said than done!

Its strange, just since facing up to my debts, seeing it on paper, which was very scarry :eek:, I actually feel better!

jonathon

The judge was absolutely not budging on any of it. He absolutely agreed it immediately.



this was about the same as ours

10past6

jonathon wrote: »

The judge was absolutely not budging on any of it. He absolutely agreed it immediately.



this was about the same as ours

Judges at a lower court (County court) deal with all kinds of litigation claims, they're not specialist in any particular field as such.

This is why if anyone believes the judge got it wrong, they need to appeal to a higher court who has both the power and experience in dealing with such issues, however, one can only appeal on a point of law.

michelleliverpool

jonathon wrote: »

The judge was absolutely not budging on any of it. He absolutely agreed it immediately.



this was about the same as ours

Yep Jonathon. This one scared the pants of me! I tried to explain I wasn't even aware of the forms where I could have contested it, "ignorance is not a defense miss", I tried toexplain how I had got to where I had and his eyes just glazed over! I suppose one good thing was that he explained that it would be highly unlikely that any judge would agree to letting them force me to sell my house. so where do you stand now, have they backed-off with you? Lowered thepayments etc?

michelleliverpool

10past6 wrote: »

Judges at a lower court (County court) deal with all kinds of litigation claims, they're not specialist in any particular field as such.

This is why if anyone believes the judge got it wrong, they need to appeal to a higher court who has both the power and experience in dealing with such issues, however, one can only appeal on a point of law.

You obviously know your stuff 10past6!
End of the day, I have to hold my hands up, the judge didn't get it wrong, based on the facts/evidence etc he really couldn't have come to any other decision. He at least did put my mind at ease by basically saying there was no way in hell a judge would let them make me sell my house, he pointed out its just a way of them making sure they get there money.

10past6

Your not disputing the charging order, your disputing how the figure is made up.

If you're confident the figure attached to the CO is correct, fine, however, if you belive the figure is made up of incorrect charges, you have a right to request a breakdown, that'll be what your appeal is based on should you decide to appeal.

If you do, and you're on benefits, you won't have to pay, complete this form here

michelleliverpool

10past6 wrote: »

Your not disputing the charging order, your disputing how the figure is made up.

If you're confident the figure attached to the CO is correct, fine, however, if you belive the figure is made up of incorrect charges, you have a right to request a breakdown, that'll be what your appeal is based on should you decide to appeal.

If you do, and you're on benefits, you won't have to pay, complete this form here

Excuse my ignorance, so is this form just for the solicitors charges ? The thing I would really like to challemge is all the late fees etc, the charges that people are trying to claim back as being unjust?

michelleliverpool

And, when I agree a figure with MBNA (which until I find work will probably not exceed £10 per month), is the interest frozen?