Charging Order? The myth

eggbox

JunkiMunki

Yes I have asked for info on OFS's, but then you have been asked twice by contributors (on the CAG site) regarding this matter as to the actual circumstances of your court appearance and you have chosen not to give details but rather repeat your grievances over and over? Why is that if you want help and advice?

You say it's regarding an OFS but it appears, from what you have written, that it's more likely to be further enforcement for non payment of the CO? But please feel free to give details here if it is an OFS.

And it has been explained to you already (on CAG) that if judgement has been given a creditor doesn't, then, require to provide evidence of the debt later on. And despite it's rarity, it's also been explained that a creditor can pursue an OFS with a Restriction. neither of which you seem able to take on board?

I hope all goes well with your court appearance, but as you were advised on CAG by another poster; if your posts on these boards are a reflection of what you say in court then it's easy to see why a DJ would give short shrift to your arguments.

FredWhispers

It isn't Statute Barred. You need to consult a proper solicitor!

Easiest thing is to be honest with your mortgage company and use the money you are borrowing/equity to clear it. Or try to pay it off and it will then be removed.

Fred

junkimunki

Manic Ramblings !!!!!!!!!!!!!!!!!11

eggbox

JunkiMunki

A simple question - has the court granted your creditor an OFS?

harisumo

I hace received a General Form of Judgement N24 from the court where my hearing took place. Although I defended the NR claim for numerous reasons I did not attend the hearing due to ill health. I am being ordered to pay the full amount of the loan with NR plus extra interest for the two years it took them to get the claim to court plus the whopping solicitor's fee.

Basically I have no money, they refused my offer of token payment before and I cannot afford to pay the whole of the court order. Where do I go from here. I know that they will eventually go for the charging order but what happens next, can I do anything now, although I defended the claim can I still apply to the court for an installment order although I can't even afford what I orgianlly offered them now. Is there any point in doing that at this stage as I now know that they are probably already preparing to apply for an interim order.

The loan by the way is in my name and the property in joint, my husband pays the mortgage as I only work part time and am on a low income, but even our joint incomes are half of what they used to be. Will the charging order be for the whole amount including the solicitor's fees which they have managed to rack up to over £4000.

It seems so wrong that a person ends up not being able to keep up repayments on a loan through no fault of their own, ruthess creditor like NR will not accept reasonable offers of repayment and take this action leaving me owing them ££££'s more. It just can't be right and it is only the information on this thread and other consumer sites that has helped me sleep at night.

eggbox

Harisumo

Sorry to hear about your situation and it's, sadly, reflective of countless other people's positions who come to these boards having found themselves in the same position. What is particularly nauseating about your case is that you are being pursued bank who was so mismanaged it required Government help to stay afloat.

However, not being able to attend will have given NR what they want in having the order for you to pay the full amount. So what you need to do in the first instance is fill in form N245 (which you don't have to attend court for) which is to try and get the order varied due to your circumstances. You will have to make a small offer which the court can then consider due to your circumstances.

All it not lost if they don't but we'll cross that bridge if they don't.

harisumo

Thank you for the reply, that's what I thought although I know that NR won't accept as I can't afford what I previously offered them any more. I thought I had quite a good case against them due to unenforceability issues and unfairness, but their solicitors have obviously become so adept at using the court system that the case they built against me was like a massive brick wall and they know how to twist and turn along the way, I just wouldn't have had a chance. I have never heard of anyone who has managed to beat them in court, I think it's impossible, ultimately they just go for thier charging orders and that is their one target despite anything, doing searches on the internet I have found countless other people in the same boat over the last few years. I think Blueback who originally started this thread is the only one I have come across who managed to get the better of them in the end. As long as I ultimately only get a restriction with no order for sale then it will not be the end of the world.

Sparklyfairy

Harisumo, you said NR were able to get a co(restriction) on a debt that was unenforceable? I have a few debts I'm still waiting for my CCA... Can you please expand on your situation? Did you fight the original CCJ?

eggbox

Harisumo

The thing to keep in mind is that NR's actions are mainly to prioritise their debt over other creditors. But the fact that they can only register a Restriction against you (as it's jointly owned) limits what they can do after they receive a CO (which they will pursue.)

Despite the manic ramblings of JunkiMunki, trying to find anyone who is being forced to sell there house for consumer debt is rarer than rocking horse doo-doo.

And as has been confirmed to me by a Land Registry Solicitor, there will be no legal obligation to pay NR when you do sell up!

harisumo

Thanks for the further responses, I really don't understand junkimunki's thread at all! Sparklyfairy, the haven't yet obtained a restriction but I know from other peoples experiences their ultimate aim is always to go down the road of a charging order. I only defaulted on one payment when they initially started court procedings but it took them two years and several failed attempts to get this far due to their own discrepancies and errors, nonetheless I still have to pick up the tab for all their legal fees inclusive of all the errors. I thought my agreement was unenforceable as I had had several versions of the T&C's, the first being completely illegible, amongst other things, but NR's solicitors really know how to play the game with the courts so I had no chance, as I said before I know of noone who has suceeded in court with them, they really are corporate bullies.

Can anyone advise re the N245 form, it asks for details of my sole income and ependiture, as a married couple we just pool our income to pay everything and there is never much left at the end of the month. How would I reflect this on the N245 form? My income is part time and lower than my husbands, should I show a percentage figure for the outgoings they ask (ie mortgage, council tax etc).