Charging Order? The myth

Sparklyfairy

I believe the judge will grant the charging order to her creditor - they are very hard to fight against. This is an example: The judge sees that she owes £x & by paying £10/month it will take 40 years to clear the debt. The charging order will pretty much always be granted so the debt is secured.

I think you are confusing a charging order with an order of sale...so long as your friend keeps up her payment (which the judge will set at a realistic, affordable amount) the creditor shouldn't seek an order of sale...if it came to an order of sale - from what I understand - judges don't like to grant them to creditors where there is a family or a disabled person living in the property...so please tell your friend not to worry...hth SF

steveos

A slight diversion but still around a CO. 5 years agO i was threatened with one for a debt I have with Co-Op Bank. I did my research and went to Uxbridge Court-which totally suprised the Debt Company (Bryan Carter) and outlined to the judge how they had harrassed me, my family via many calls. Been rude etc and a total pain.


The judge....declined to grant them a CO...and the look on the Debt Companies face was magic..they had assumed a foregone conclusion.

Victory for the small man against the bullying tactics...yes I am still paying them £65 month and does not even appear on my credit file....

It just felt good to be able to fight back!!

Steve

BigCraigJohn

Ive had a letter off RMA this morning threatening me with a charging order.
They also threatened me with an attachment of earnings.

Given im self employed and live in rented accommodation i'm half tempted to send back a photo of my tent however if I owned a property this letter would of scared the life out of me and I certainly see it as bullying. Given the debts in dispute for no CCA and they know it, its pretty poor really.

RAS

BCJ

Did you read about the court case this morning?

And have you sent the OFT a copy of the letter?

BigCraigJohn

I havn't.
Need to have a proper read up on it all but i'd certainly say this letter is extremely threatening for an unenforceable £1300 debt.

Keeping this letter though, its on solicitor headed paper as well but clearly them as they ask for all correspondence to RMA and the return on the envelope is RMA.

withoutahope

very interesting reading and many thanks to all,my question if anyone could advise is..........im a single person now,mortgaged home in my name only making all my critical payments in full,mortgage,c tax,heat and light etc,ive got circa £32,000 in unsecured debts in my name with 5 different lenders and paying them all £1 a month,can they force a sale ?,what if i never want to move/sell ? forced sale ? any advice greatly appreciated as allways, strength in numbers as they say.

rose28454

Can someone advise me on this. I have 2 charging orders in my name and one in OH 's against our jointly owned and mortgaged property. I am living in the property on my own and the Bs have agreed to let me go onto interest only payments ( which will more than 1/2 the monthly payments ) for a year or until I sell the property( whichever is the sooner)
I do intend to sell in the next few months but could do with a breathing space to get the house ready for sale.
However after agreeing to this interest only payments a few days ago they just called to say that they could only change it with the agreement of the CO holders. I however was under the impression that Charging Orders against a jointly owned property were only restrictions if the debts were in sole names. From what I can see on the Land Registry the restriction is merely in place to prevent sale without them knowing.
I know that if I contact these DRC's to ask their permission they will chase me for more money. I am already on a tight budget and am only paying them a token amount each month.
Any advice anyone.

Mrs_Arcanum

blueback wrote: »

If you own the property jointly then you have not got full charging orders you have charging order restriction which means you are free to sell the property as long as your solicitor provided notice to the creditor.

A creditor cannot be granted a charging order on a jointly owned property

The proceeds of sale will be yours and the restriction falls away on completion.

I am not a solicitor and you should get proper advice before proceeding

Cheers

This is DEFINITELY no longer the case.

terryw

Mrs_Arcanum wrote: »

This is DEFINITELY no longer the case.

Please elaborate. Thank you.

Sparklyfairy

Mrs_Arcanum wrote: »

This is DEFINITELY no longer the case.

Yes, please elaborate! I had my interim co paperwork sent to me from Land Registry back in Sept 2010 so relatively recent (final co made end of Nov 2010) & the interim paperwork says on the front "RESTRICTION"..my debt - but house is jointly owned by myself & my husband.

I just read your other post on another thread - what happened? x