default/ Charging order query

dollparts

Can anyone help me with this please?

Is there a minimum debt amount a creditor can apply for a CO?

Also, what is the process under which one can be made- do you have to default before a CCJ can be issued?

I'm trying to 'time' my BR because I need to secure my new tenancy etc before I file. Need to make sure I can get through the LA criteria etc. It should all be finalised by mid week. My exhb has debts that he is ignoring and he is a joint owner on my mortgage-so I am concerned where along the line they may be with any legal action they may be taking.

His debts are mainly CC's and an unsecured loan. All the debts were over 5k individually and I know that some CC companies can get heavy quite quickly. I'm a little worried that they may have already started the ball rolling. Although most of his post still comes to my house (he's not lived here almost 2 years) I have stated sending it back unopened so I don't know for sure where they may be at?

dollparts

anyone please?

Tinytim

Hi Dollparts,

To get a CCJ, you have to default on a credit agreement, be sent a default notice, not comply with it within the time stated, be sent a letter before action, not respond to that, and then receive a court claim which you ignore or admit. The CCJ will take at six weeks from the issue of a default notice, at the very very soonest.

If I remember rightly, you are in negative equity and are thinking of handing the keys back to either your ex or the lender - if this is the case, a charging order is irrelevant. Whether or not your ex gets a CCJ or charging order will have no effect on your LHA allowance, or your tenancy - his CCJ's shouldn't show up on a search against your name

dollparts

Tinytim wrote: »

Hi Dollparts,

To get a CCJ, you have to default on a credit agreement, be sent a default notice, not comply with it within the time stated, be sent a letter before action, not respond to that, and then receive a court claim which you ignore or admit. The CCJ will take at six weeks from the issue of a default notice, at the very very soonest.

If I remember rightly, you are in negative equity and are thinking of handing the keys back to either your ex or the lender - if this is the case, a charging order is irrelevant. Whether or not your ex gets a CCJ or charging order will have no effect on your LHA allowance, or your tenancy - his CCJ's shouldn't show up on a search against your name

Tim- I am so happy to 'see' you:D

You do remember rightly, I was just about to post another (yes another) question-maybe you could help?

I'm now filling in my outgoings on the SOA. All being well my tenancy agreement will be finalised in a day or two, I am wondering about how to make it as accurate as possible?

so here goes:

a) should I still state what my mortgage payment is or what my rent will be? and should I list my service charge as I pay now?
If I enter my rent amount, my I/E will go mental and it will show I cant even afford to pay living costs.

b)I haven't yet applied for LHA, because I'm not BR yet so should I leave that income out too?

C)Because I have had to wait a little longer than I expected for T/A to be sorted, I have not yet been able to file for BR yet. By the time I do I will have a mortgage AND a rent agreement. Is this going to look ultra dodgy to the OR?

D) I have no clue now as to how I should set it out. Which home should I refer to?

I'm really sorry I have asked so many questions, and probably not asked them for the first time.

Any input would be much appreciated.

peachyprice

You need to put outgoings for the home you will be living in at the time of BR, so if you've moved to rented you put the outgoings for that and leave the mortgage and service charge off completely.

Tinytim

Hi Dollparts

As Peachy says, it should be the figures as they will be when you declare BR. Therefore, it should be your rent only, and you should estimate the amount you wil receive in LHA and any other benefits such as Council Tax Benefits. From what you said before, I seem to remember there will be little chance of you getting an IPA/O, and so estimates are likely to be OK.

You have stopped paying anything at all to your mortgage or other creditor haven't you As BR and eventual repossession are inevitable, making any payment is throwing money away.

Don't ever apologise for asking questions in circumstances such as BR, the more you know about it before going into it the better. Remember, one of the reasons for doing it is to regain control, and having knowledge is probably on of the most important elements in maintaining control

dollparts

Thanks for that, I appears straightforward when someone else points it out. Sometimes I need someone else to come along and do that for me!

I will pencil in the details I have for now and adjust them according to the situation I am in when I go BR.

You have made me feel lots better!