Charging Order? The myth

eggbox

Bettie wrote: »

ok, on a recent visit to court where a debt company tried and miserably failed to get a CO or restriction on my home ( because of ex's debt) The duty solicitor who was wise to the consequences of a restriction asked for a NOTICE to be added so I couldn't sell the house without their debt being paid first.
I was gobsmacked as I'd not heard of this one before and I thought I would be able to sell up one day without paying his debt off but anyway I won my case and was awarded costs so I never went further into finding out about these "notices"

I think they are entitled to ask for whatever they want but (and I stand to be corrected here) but a "Notice" wouldn't have been granted as they aren't allowed for CO on jointly owned property since the Land Registry changes in 2003.

However, the fact that you have made us aware of this situation can help us all be aware it might and be prepared.

For that I thank you!

p.s.

Sparkly

If I'm ever up on a murder charge I really hope you are on the jury as you seem waaaaaaay to nice and trusting! x

Sparklyfairy

eggbox wrote: »

p.s.

Sparkly

If I'm ever up on a murder charge I really hope you are on the jury as you seem waaaaaaay to nice and trusting! x

Lol - anytime, egg! I, too, am REALLY annoyed & irritated at the lack of responses from those who have come out the other side with their dosh - but hey ho !

maz1964

hiya all

im just wondering you kind wise owls lol

from what i understand that as i have a ccj for a sole debt im trying to pay off, but have had to go to court to pay what i can instead of what they had asked for a forthwith ccj which was the total amount of around 6000 which i couldnt pay in one go, i did the n245 and the judge accepted my payment for 10.00 a month, im due to court again as it was for only a few months as i thought i could increase my pay but now have found my pay has actually reduced and thus my budget with certain things no longer being paid i cant really see myself paying more than 50 a month and the amount they really want is 250 ish,

thus my question finally lol
is i have a joint mortgage and home with hubby, if they dont accept the 50.00 a month can they automaticaly apply for a charging order and thus would i still need to pay something off each month or does it just stay and then when i eventually sell the house, my solicitor only has a right to inform the creditor i am selling but understand that it may not even be paid even if that happens, and does interest accrue until i sell or is that depending on the ccj, which i think does include interest but it was a credit card balance that the ccj was got for , and also would this be a restriction charging order as i have a joint ownership of the house and thus like ive read earlier its not a full charging order like if i was the sole owner

hope im making sense off to bed only got up cos this was going round in my head and could nt sleep

thanks for your help guys, maz nite:cool:

i have had a quick re read of the thread , i think ive got it but tired and will sleep on it and then come back later to read any updates, but in a nutshell i believe that if they went for a charging order as they have quoted in past paperwork, it really would only be a restriction as i have a joint owned house still with mortgage with hubby, and only thing if they have got interest accruing on the ccj order on the debt balance this would be added annually wouldnt it?

anyway catch up later cheers maz

Sparklyfairy

Hiya Maz!

Ok, I'm going to try to give you my 2 cents here to try to help you out..

maz1964 wrote: »

hiya all

im just wondering you kind wise owls lol

from what i understand that as i have a ccj for a sole debt im trying to pay off, but have had to go to court to pay what i can instead of what they had asked for a forthwith ccj which was the total amount of around 6000 which i couldnt pay in one go, i did the n245 and the judge accepted my payment for 10.00 a month, im due to court again as it was for only a few months as i thought i could increase my pay but now have found my pay has actually reduced and thus my budget with certain things no longer being paid i cant really see myself paying more than 50 a month and the amount they really want is 250 ish, If you're due back in court for a redetermination, make sure you have an up to date budget & if you're actually worse off now, make this clear to the judge so either the payment stays at £10/mnth or less.

thus my question finally lol
is i have a joint mortgage and home with hubby, if they dont accept the 50.00 a month can they automaticaly apply for a charging order since they have been successful in obtaining a ccj for this debt, they can then go ahead & apply to the courts for the total amount owed to be payable "forthwith" - all to be paid usually within a month - if you can't, they will then be able to apply for an interim charging order, then be granted a charging order. IMO, I highly doubt stretching to £50/month on a £6k debt will be enough to stop them going for a co. and thus would i still need to pay something off each month or does it just stay and then when i eventually sell the house, I continue to pay my monthly ccj payment although this is debatable that you have to unless a judge specifies my solicitor only has a right to inform the creditor i am selling but understand that it may not even be paid even if that happens, correct and does interest accrue until i sell or is that depending on the ccj, which i think does include interest but it was a credit card balance that the ccj was got for if the debt is held under a cca, it SHOULD be interest free - although I tried to argue this fact in court, my judge was clueless & granted interest when she shouldn't have - but you must take the case law with you in court & SHOW the judge it isn't allowed under cca covered debts., and also would this be a restriction charging order as i have a joint ownership of the house and thus like ive read earlier its not a full charging order like if i was the sole owner Yes, your cc debt would be a Restriction

hope im making sense off to bed only got up cos this was going round in my head and could nt sleep

thanks for your help guys, maz nite:cool:

i have had a quick re read of the thread , i think ive got it but tired and will sleep on it and then come back later to read any updates, but in a nutshell i believe that if they went for a charging order as they have quoted in past paperwork, it really would only be a restriction as i have a joint owned house still with mortgage with hubby, and only thing if they have got interest accruing on the ccj order on the debt balance this would be added annually wouldnt it? Interest would be added annually but IMO does this matter when you're not liable to pay for the restriction when you sell? The key is to SHOP AROUND FOR A GOOD SOLICITOR WELL before you put your house on the market as this could take some time..;)

anyway catch up later cheers maz

maz1964

hiya Sparklyfairy

FANTASTIC reply thank you, you have echoed and restored my own faith in what i believed and made it just that much clearer

yes, it is a cca credit card and thus i will hunt out the info that no interest is payable for the judge to see

and of course take in my budget sheet, to where im at, and yes i now understand that if they go for the charging order yes iterim first, then actuall, (( of course i meant to say a RESTRICTION)) again depends on the judge what he goes with if its just on the house, and no further payments til the house is sold then that is fine i will see what the future brings but at least i have a bit of a breathing space

of course the ccj remains on my file doesnt it until its paid off it wont drop off til paid ?

so thanks for your huge explanation i feel so much better now

cheers maz:T

eggbox

maz1964 wrote: »

of course the ccj remains on my file doesnt it until its paid off it wont drop off til paid ?

You CCJ won't, technically, be "satisfied" until it's paid off.

However, it will only show on your credit file for six years from the Judgement Date and is then removed cleared or not. So it's as good as "satisfied" as far as other people checking your credit file from then on as their is no history of that debt showing anymore.

It is also then, generally, accepted that creditors will have a hard time taking it back throught he courts if they haven't done so in the preceding six years.

maz1964

Thank you very much eggbox


so if i can pay off within the 6 years then it auto shows as satisfied within these 6 years, if still not paid say they get that restriction on our house, then it will just fall off the credit file after the 6 years has lapsed

i really do not feel so bad today , it is so true that knowledge is Power

thank you all for taking me under your wings today much appreciated, dont feel so daunted now facing the court again to just show my budget sheet if the judge agrees i continue to pay my nominal amount if not then let them try to scare me and go for the charging restriction order as i now know it but wont be telling the creditors i know that now wink wink,,,,let them think they are really scaring me - all the sleepless nights ive had over this, and unfortunately, i took the cca out to help a freind with her mortgage eviction avoidance, she has the house still and ive ended up with the ccj,,,, i hope i have some good luck soon just another life lesson but hey i feel humbled that i can turn to you guys and there you are so many kind people with your help that i feel okay today so HUGE THANKS,,,

have a fun day maz:cool:

Sparklyfairy

Good luck, Maz - really pleased we could help you out! x

eggbox

Maz1964

Creditors don't see pursuing a CO as a means of recovering repayment in the short term from people who are struggling financially. The reason for this is that they know they are extremely unlikely to be granted an OFS (as judges have far wider discretion on granting them than they do CO's) on relatively minor consumer debt (and by relatively minor I mean under £25,000.) So they pursue them as a form of insurance to obtain repayment in the future and also priority over other creditors. And despite all the threats they make about going for an OFS if you don't pay up they won't do so (search this site and others to see if you can find find anyone who has had this happen).

As someone who is a joint owner with an ex-partner who has a CO (Restriction) against her, I've seen her ignore ALL of her creditors and still nothing has happened. This is not luck or coincidence it's because once the creditor has gone the full hog to obtain a CO, then there is little else they can do if you decide not to talk to them (and you will see on this site its only those who do that seem to get the hassle!)

There can, also, be an upside with a Restriction which this thread is about. But above all please don't worry as the fear you have been through is purposely manufactured that way by creditors to extract the maximum amount of repayment from you that they can. Once you see past that fear and deconstruct the facts you will begin to get on with your life a lot better.

maz1964

Thank you eggbox (sorry slightly confused an OFS is>? pls )

it is exactly how i feel actually this week, its like the knowledge has really lifted me and whatever happens in the next court hearing i will of course let you guys know

but i may have to travel that line for them to go for the restriction but will see what the outcome is, but for now im happy until my pay increases to pay them what was told to be paid, until then see what the future holds.

again wonderful thread this is , so happy today i feel i can move on and not let it affect my life in the short term and can make future plans to be eventually debt free

have a fun day all MAZ:)