We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Charging Order Hearing this Thursday, and advice?

tranceaddict
Posts: 80 Forumite
Morning all
I have a charging order hearing at my local court this Thursday 7th May at 10AM.
I submited my defene in writeing by recorded delivery last week and have all my papers preapired.
Just wanted any advice from anyone who has actully been there and done it, as I have no idea what to expect, how to dress, how to talk, when to talk etc etc.
Any advice greatfully received
I have a charging order hearing at my local court this Thursday 7th May at 10AM.
I submited my defene in writeing by recorded delivery last week and have all my papers preapired.
Just wanted any advice from anyone who has actully been there and done it, as I have no idea what to expect, how to dress, how to talk, when to talk etc etc.
Any advice greatfully received
DMP Support thread no.228
DMP Commenced 1st October 2008
Original Deft Free Date [STRIKE]March 2020 :eek:[/STRIKE]
[STRIKE]Dec 2016 [/STRIKE]
DMP Commenced 1st October 2008
Original Deft Free Date [STRIKE]March 2020 :eek:[/STRIKE]
[STRIKE]Dec 2016 [/STRIKE]
Now Oct 2016 :j:beer:
0
Comments
-
been there done it lost, sorry not helpful but I did find by the time it had got the the court stage is is very hard to stop.
what is your defence ?0 -
what is your defence ?
I'm not holding out much hope to be honest, did you manage to get any concessions (i.e interrest/charges frozen) or ensureing that the charging order cannot reult in an order for sale.
How have the creditor been since the hearing, have they left you alone happy in the knowledge they now have a secured debt, or have they still been chaseing for the money? Did you continue to pay them monthly amounts after the hearing to try and reduce the debt?
Sorry for the questions, haven't had a chance to speak to anyone wlse who has actually gone through this.
Many thanksDMP Support thread no.228
DMP Commenced 1st October 2008
Original Deft Free Date [STRIKE]March 2020 :eek:[/STRIKE]
[STRIKE]Dec 2016 [/STRIKE]
Now Oct 2016 :j:beer:
0 -
Hi can't offer any advice I'm afraid as have not had to deal with this yet! hoping never whilst on this journey, just wanting to send you lots of luck with this and hope someone more knowledgeable will be along in a moment to help.
Who is this creditor? if you don't mind me being nosey. All the best.
MM2Long Hauler No: 51
DMP Mutal Support Thread No: 207
Proud to be dealing with my debts
DFD - June '13, aiming for December '120 -
The unfairness of one out of nine creditors trying to secure an advantage
I tried that one sorry didnt work with me. I was with payplan who couldnt help much.I went to the hearing and pleaded my case and lost.
mine was for around £4000 and we carried on paying them through payplan and we were paying them more than our other crediters to get it payed off, it is very unlikely that thay will force you to sell the house.
we have since sold the house and the debt has been payed off.
no other crediter made any comment on the the charging order or that it has know been payed off0 -
Hi can't offer any advice I'm afraid as have not had to deal with this yet! hoping never whilst on this journey, just wanting to send you lots of luck with this and hope someone more knowledgeable will be along in a moment to help.
Who is this creditor? if you don't mind me being nosey. All the best.
MM2
If it is granted (which I begining to think it will be) best case scenario is that I then juts carry on paying DMP as I have no intention of moving anyway, so hopefully they will then just leave me alone.
I'll let you know how I get onDMP Support thread no.228
DMP Commenced 1st October 2008
Original Deft Free Date [STRIKE]March 2020 :eek:[/STRIKE]
[STRIKE]Dec 2016 [/STRIKE]
Now Oct 2016 :j:beer:
0 -
Do you have a CCJ?
have you been paying the monthly payments required by the CCJ?
or did they get a forthwith order?If you've have not made a mistake, you've made nothing0 -
Do you have a CCJ?
have you been paying the monthly payments required by the CCJ?
or did they get a forthwith order?
They got a forthwith orderDMP Support thread no.228
DMP Commenced 1st October 2008
Original Deft Free Date [STRIKE]March 2020 :eek:[/STRIKE]
[STRIKE]Dec 2016 [/STRIKE]
Now Oct 2016 :j:beer:
0 -
can i ask who it is that is taking you to court. I have been there done that and got the t shirt. Chargeing orders in every case ordered. having said that managed to get interest frozen on 1 at 2% and an order not to sell without leave of the court. Still paying £10 a month so no better off from their perspective, no likelihood of me selling house either!!
On other got interest frozen and again an order not to sell without leave of the court.
Interested to hear which creditor is taking this action. this is becoming more and more common and likely to increase in the current climate
dave0 -
Just returned from my final charging order hearing and I thought I’d run through what happened
Arrived in good time and was met by the solicitor representing my creditor, who was actually quite nice and ran through what was going to happen, and what a charging order was.
He asked if anything had changed in regards to my defence, which was just that fact that the charging order would show favouritism, he said that although that was a defence he doubted it would make much difference, and he had been instructed by my creditor that if I was to offer an increased payment which would clear the debt in about 5 years (currently it will take about 10) they would be prepared to stop proceedings. I asked what this amount would be and it was about double what I am paying them now via CCCS, I politely declined this sum stating that I was in an agreement with CCCS and to be fair to all my creditors I had to refuse the offer, and also the fact that I actually couldn’t afford this amount either.
He also said that if the order was granted he doubted very much if an order for sale would be pursued by the creditor, as for the amount owing it would not be worth it, and it was very rare for this to happen.
So in we went, the judge ran through the amounts in question to confirm, and then confirmed the amount I was offering to pay, he agreed with my creditor that the amount would take too long to pay off.
He then ran through what a charging order meant, and explained that although charging orders were common (he does 100’s per year) orders for sale were very rare (he had done 4 last year and none so far this year) and were subject to a totally different legal process and for the amount in question would be quite difficult to obtain. If it was applied for I would be very unlucky as they are so rare.
He asked about my defence (favouritism) and said that unfortunately that this was not a defence and referred to a case last year where a judge had said “the one who gets their first wins the race” and all my creditors were entitled to follow any legal proceedings, it just so happens this one got their first, and it doesn’t mean that the others could not follow suit.
I asked that if the order was granted that further interest and charges could be frozen and he said that this was not in his power, however most lenders will do this after the order has been granted to give me a static target t work towards, and I needed to apply to them directly for this.
He also said that as I was making efforts to pay it this would be looked on favourably by a court if an order for sale was applied for.
He then finished by granting the final charging order and added that I should not worry unduly about the order being granted as it was just a way for the creditor to ensure they will get their money, and I should now speak to them regarding getting interest and charges frozen and possibly a figure to clear the debt completely so I can get the charging order removed.
All in all not as painful as I had expected, but to be honest it was the outcome I expected (as has been said before on the boards, if it get this far it is very very rare for the order not to be granted) however I feel a bit more positive that I will not have to sell my house!
I will continue to make payments to reduce the debt and contact them about freezing interest and charges.
Thanks for everyone’s help, support and advice, couldn’t have got through it without youDMP Support thread no.228
DMP Commenced 1st October 2008
Original Deft Free Date [STRIKE]March 2020 :eek:[/STRIKE]
[STRIKE]Dec 2016 [/STRIKE]
Now Oct 2016 :j:beer:
0 -
I am glad it went ok for you today, even though obviously it wasn't the outcome you hoped for.
Just out of interest how much was the debt for and how much were you paying them via the CCCS - as you only entered your dmp in October it all seems to have all happened very quickly0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.9K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.1K Spending & Discounts
- 244.9K Work, Benefits & Business
- 600.5K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards