Charging Order? The myth

stayhappy

Thanks once again for the helpful reply.
If I supply details of other creditors then they will probably be notified about the CO. Presumably if I don't they will be unaware of it. I think I feel that as they are happy with present arrangements I do not want to upset the apple cart and for them to seek more security,which I worry they would if they were aware another creditor had.
If I am not legally obliged I probably won't supply the details.
I read that other creditors may tell the court that they are unfairly affected which could help but I imagine they are unlikely to do this anyway.
I really appreciate you taking the time to respond.

eggbox

No problem at all.

In my experience other creditors don't seem bothered if another creditor goes after a CO? Each company has its own rules for debt collection so I don't think it affects what they do if they hear another creditor is attempting a CO.

DAKOTA45

Stayhappy… Don't be scared of the Court… The hearing will be treated as a formality…it usually only lasts 10 minutes. The judge won't interrogate you or anything, and won't be robed and bewigged. Some people, if they are not contesting, don't even bother to attend, because the CO will most likely be granted anyway. But as Eggbox has rightly pointed out, it might be worth attending just so you can make sure they don't try and get interest added.

If you do go, just imagine the judge sitting there in the nude… haha!!

D45

stayhappy

Thank you, i was expecting to have to go over budgets and lots of questions. It doesn't sound as if it will like that. Do they ask much? I would rather not go but I don't want interest added when they are not supposed to so it would probably be better to be there. Are they likely to even listen to conditions like not selling while children in education etc.? It seems more like a rubber stamp.

DAKOTA45

stayhappy wrote: »

Thank you, i was expecting to have to go over budgets and lots of questions. It doesn't sound as if it will like that. Do they ask much? I would rather not go but I don't want interest added when they are not supposed to so it would probably be better to be there. Are they likely to even listen to conditions like not selling while children in education etc.? It seems more like a rubber stamp.

Exactly that… just a formality. If you don't intend to argue against it, you won't be asked anything. Just make sure to raise an issue if they want interest, as they are not allowed any in this case.

The judge definitely won't be talking about Orders for Sale at this hearing, so don't worry about that… that is way down the line, if at all… the creditor has to take you to court again if they want an OFS and it will cost them lots of money to do so…and it's extremely unlikely the creditors will bother with an OFS if it's your family home and you have children- they are usually happy to wait until you sell.

I admit to being terrified of courts… it can be very intimidating if you don't have any representation, or anyone to speak up for you… the legal jargon can be confusing.

Just make sure you take some written documentation re the CCA rules as per Eggbox's advice and make sure to bring it to the judge's attention if they ask for interest. D45

eggbox

stayhappy

Dakota is right but I would still object to the Charging Order on the grounds you have repayment plan in place with other creditors. Whilst this usually falls on deaf ears you may just get a Judge who agrees with you and you have nothing to lose (but make sure you take the evidence of your repayment plans in place.)

stayhappy

Thank you for your replies. I was going to argue against it for reasons such as other creditors, joint owners but sole debt, unsecured debt with high interest and charges now being transferred to secured debt and CCJ payments up to date.
I don't suppose any will make much difference legally so the outcome will still be the same, but if we have to go anyway it is worth a try.
It is our family home with two children but my youngest is 16. Would this still make an OFS unlikely as they are not young.
If CCJ payments up to date they can't OFS anyway can they?

fatbelly

Realistically, OFS is not going to happen

http://debtcamel.co.uk/charging-order-sale/

Well done for going to court, though. My general rule is 'you never get a worse deal by attending'

KID77

Hi StayHappy

Sorry to hear about your situation :-(

I am surprised at a CO for a small amount, can I ask which creditor has done this?

Is it possible to agree a settelement before it actually goes to court or is it too late for that? Of course you probably dont have the funds for that, I am just thinking out loud.

How long between them going for CCj and CO?

I hope if you decide to go to court you have a sympathetic Judge who overrules the creditor.

Xx

DAKOTA45

They can get a CO for a debt of £1,000… seems all wrong to me. D45