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Charging Order? The myth



  • paula911red
    hi can someone help me please.....
    i had a northern rock unsecured loan, whch they have now sold on to an agency along with a charging order, this company is threatening to start reposession proceedings, they are not my first mortgage company. northern rock told me i didnt have to do anything and they would sort everything out, ive since found out if i had of attended court or wrote in with my circumstances then the judge could have ruled in my favour.... they refuse to freeze interest so my reduced pmts to them doesnt cover the pmt or the 8% interest every month, they want all paperwork frm me bills bank stats etc.... for the last 3 months and then they said they would decide what action to take, can they do this? also can i appeal to someone to get the interest frozen? can anyone help me with this minefield before i have a nervous breakdown, thanks:confused:
  • blueback
    blueback Posts: 78 Forumite
    First Anniversary Combo Breaker
    If you have proof they told you do nothing and you did not attend court because of this then go to a solicitor or citizens advice straight away.

    Ask for a copy of thre CCA from the new company (follow the CCA forums on here to get your template letters)

    BTW, it is very unlikely in deed that this company will start proceedings as you are making repayments. It is even more unlikely that you would be reposessed for a unsecured personal loan in the current circumstances.

    Go the CCA route or if the house is in joint names, sell the house if you want to, save your equity and rent until you can repair your credit file. Mines gone from 20 somrthing pages of default mess to 7 now and they will be gone by Christmas.

    Once you know what they have you can start the process of get rid of these scum one by one.
  • blueback
    To the person that Pm'd me and sold the house without losing anything , please provide details here as people will only act upon real situations.

    Charging orders are poop if the house is in joint names and the debt is owed only by one of you.

    Dont get trapped by (il)legal letters
  • maz1964
    maz1964 Posts: 903 Forumite
    First Post First Anniversary Combo Breaker
    blueback wrote: »
    Charging orders are poop if the house is in joint names and the debt is owed only by one of you.

    Dont get trapped by (il)legal letters

    hiya blueback

    can you pls explain how do you mean poop in house is in joint names?

    ours is and im being threatened with a charging order for a credit card amount only in my sole name

    cheers maz
    Sealed Pot Challenge member 1525

    "Knowledge is the Power to get Debt Free":j

    Truecall device, stops all the unneccesary phone calls - my sanity has been restored and the peace in the house is truely priceless!:rotfl:
  • blueback
    Maz, if you read the whole thread I think it explains the whole CO situation when the property is in joint names and the debt is owed by one of you.

    it cant happen
  • nymph_2
    We had a 25k loan in joint names and the solicitors for NR went for CCJ and CO against me only, I think they were trying to put pressure on me and panic us into trying to find the money from somewhere. Like - WHERE?

    They got it granted, craftily holding the initial hearing at their local court which I couldn't get to, rather than my local court. Payplan advised I didn't need to go to the initial hearing, to make sure I submitted my papers in time and we would appeal to monthly payments, they do it like that all the time. I've since learnt that I could have requested the initial hearing at local court so that I could have attended.:mad:

    I've read all the above with great interest because when I went to court to request the CCJ be put into monthly payments, the judge ordered the monthly payments, (no ruling made on interest, which I was in too much of a tizzy to notice at the time) and ordered that the CHARGING ORDER Northern Rock had already been granted which was made in my name only should still stand.

    So, from what I've read in this thread, the Charging Order that I thought meant I couldn't sell my house and was stuck with it (and my young family rapidly outgrowing the walls) is nothing more than a paper exercise in futility. That's very satisfying!:rotfl:

    I have also found out that once NR were granted the CCJ (monthly payments) they are legally bound by it, they cannot demand any more. Which means that when my daughter goes to school next year and childminding fees drop, I can pay the extra money off my OTHER debts, and NR can't touch it!!! :D
    Not only that but, should we decide to go for an IVA, they are excluded from the voting input, which means my biggest debt is truely tied up. NR really shot themselves in the foot with their bullyiing tactics!!! :j
    HAHA they shoud have just stuck with DMP I was religiously adhering to! :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
    Lightbulb Moment April 2005
    Total Owed - £68986 :eek: (excluding mortgage)
    Payplan DMP began Sept 2005
    Amount paid to Date - £15330, £53656 to go
    Debt Free Date - April 2021
  • nickneedshelp
    Hi All,
    Has anyone else managed to go via this route,I have asked a few people and they say it's not true(or they don't know).

    I have read the information on the Land Registry site and although it seems to agree with what Blueback is saying I find it unbelievable that in the current climate this is not a major find.

  • yellowduck_2
    yellowduck_2 Posts: 261 Forumite
    edited 11 December 2009 at 12:37PM
    My ex husband's name is on the mortgage for the house I live in. Under the terms of our divorce he was to get 35% of the sale of the home once our son reached 21 or if i cohabited\remarried. I guess this means he has a 35% share in the property as I have paid off the mortgage. I have no plans to remarry or cohabit (put off this by his Tiger Woods style of behaviour). Property not worth enough for me to sell and buy another outright. Into this mix I now have NatWest chuntering about a charging order as I owe them £6,700 on an unsecured loan. Would this now be "restricted" due my ex's name being on the deeds?. Our son is over 21 now but my ex has not tried to force me to sell as he never paid me any child support and feels a tiny bit of guilt on this matter.
    I am trying to negotiate token payments with NatWest as I am not working due to illness. I am very far away from a Charging Order, I didn't even know what they were till a "lovely" gentleman in their collections dept told me that they would "take your house" when i could not meet my repayments. Thanks to this forum I have learnt that there is a process to go through before it gets to this stage, but they put the fear of God into me. Anyway the more info I have, the stronger I feel.
  • nickneedshelp
    Hi Yellowduck,
    I think it would be great if we get some clarification on this subject,after all the DCA's are now using them all the time and it seems even when debt plans have been agreed and maintained.

  • yellowduck_2
    Totally agree nickneedshelp, Natwest put the fear of god into me at first, thought I was going to lose my home. I have been contemplating writing to my MP about it, with the recession it seems that creditors are being very quick to jump in with charging orders. I had never even heard of them til recently but they seem to be all the rage!!
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