Charging order

S-Jayne

Good afternoon, We are waiting for our appointment with CCCS which will be on the 18th june ( so long away) we know that we have to go BR there is no other way round it, we have found somewhere to rent and have saved money for BR fees ect, stopped paying everyone, now the letters have started to arrive as expected, my OH has a court date beginning of may for a re-determination hearing..but today we have recieved a letter from the solicitor acting for tesco finance it contains a statement of what he will say to the court ? basically they want to get a charging order on the house that we intend to give back..what will happen if they get this,will they obtain it the day of the hearing or will they have to wait for another date, im worried that the debt will be added to the house and will then become a secured debt we will be liable for even after BR,OH is not going to be able to attend the court hearing because he has been told in a very polite a subtle way that he may not have time off that day because they are busy at work and atm work is work... we have patiently waited for the date of the CCCS before doing anything but not sure if it will all be in vain now.Thank you for listening yet again and any advice will be greatly appreciated

fermi

Has there already been an interim charging order made? If not, then they can't get a final one immediately.

But if you are planning on giving the house back then any shortfall regarding secured debt (charging order or not) will become unsecured and fall into the bankruptcy.

That applies even if the sale takes place after the BR. Just be careful not to sign any paperwork that suggests that you might be liable after the BR.

S-Jayne

Hi fermi tyvm for you help..no i dont believe there has been one they went to court last time and was told they could have £9 per mth but have stated that it will take 112 yrs to pay debt off at that rate.. So we will be ok to keep our heads down and wait for the CCCs appointment before getting a court day ( we want to follow the guidelines about getting advice ) just the waiting is awful now we have the money..Thanks again Sarah x

fermi

In the end, if you are going to surrender the house, all their threats are meaningless.

So try not to worry.

How long till your CCCS appointment? And how long till the BR after that assuming they agree?

beentheredonethatstilhere

It's the 18th of June Fermi, christ they must be busy.

S-Jayne pick up the phone and talk to National Debtline, you get information straight away. You may have to sit with your finger on redial for up to half an hour, they to are busy, but that is not much if you can get the help you need sooner. The are open 9am-9pm.

Meanwhile keep reading threads on here, start with the Bankruptcy Help thread and ask plenty of questions.

KNOWLEDGE IS POWER.

S-Jayne

18th June for CCCs appointment and so far my local court Canterbury has a 2 week wait so lady said call middle of May to see if it has got any longer, Tried to contact CAB today to get appointment there but they didnt pick up phone...I just got to get head round filling in forms..packing..moving..new school ect ect LOL.

S-Jayne

Hi Beenthere.. 18th of june and that was booked start of April.. Do debtline just do it there and then ? I cannt see any possible way they will say not to go BR there just isnt any money there.

beentheredonethatstilhere

Yes they do, ring them. Make sure you have your SOA and debt details to hand and do go for it.

S-Jayne

Righto when OH comes in we will give it a try, we are doing a joint one..its just the forms that are causing me headache..usually not so dim but i think i have to many things flying round my head..but TBH i would rather just get it done with now we have the fees sitting here

mysterio_2

if you get stuck with the forms this is a pretty good helpful site

http://www.ned-cab.org.uk/debtselfhelp/bankruptcy.shtml

S-Jayne

TYVM mysterio, i honestly dont think i could even think about doing this with out everyones help, there are a couple of things that have sort of stumped me 1) do i use this address or the 1 we are moving to ? 2) when i fill out both forms 1 for each of us do i list the outgoings the same on both forms ( hope it makes sense ) because OH works, i dont.. 3) Do i not put CB in benefits bit just WTC ? ..sorry for all the Qs x