Charging Order

Itsallgonepearshaped

Hi.

I'm currently trying to save up the fees to go bankrupt (as advised by the CCCS). I did have a CCJ against me with NatWest who have just served me this morning with notice that they want to put a charging order on the house. Is it worth trying to get the charging order hearing delayed so that I can go BR first or doesn't it make any difference?

Thanks

tigerfeet2006

There will be someone along later to advise on how to delay the CO but I just wanted to say that you do not want it put on the house as it won't go into the BR , unless of course you are getting rid of your house.

fiveyearplan

If you can get it delayed then do so. Also if you are expected to file any papers to the court be sure you do within the specified time limit.

debtinfo

Do you want to keep the house and is it already innegative equity

Itsallgonepearshaped

debtinfo wrote: »

Do you want to keep the house and is it already innegative equity

I'm also in the process of separating from my wife. There is some equity in the house (it's in joint names) and she has her own debts so at the moment we're probably looking to sell to release the equity which would allow her to take her half and pay her debts off and move to somewhere rented locally.. Unfortunately there is nowhere near enough equity to sort out my debt issues hence me having to go BR ...

fiveyearplan

Itsallgonepearshaped wrote: »

I'm also in the process of separating from my wife. There is some equity in the house (it's in joint names) and she has her own debts so at the moment we're probably looking to sell to release the equity which would allow her to take her half and pay her debts off and move to somewhere rented locally.. Unfortunately there is nowhere near enough equity to sort out my debt issues hence me having to go BR ...

I'm sorry to hear you are separating from your wife and hope it isn't because of the stress of debt.

Feelingfoolish_3

Hi

If the charge is applied before your go BR then it won't go into your bankruptcy and you will be liable. If you go BR before the charge is applied then it should go into your BR however if the judge feels that you went BR to avoid the charge then s/he could still order it to be applied. There is case law for this.

However as already mentioned, if your house is to be included in your BR then it wouldnt matter however you have mentioned that your have equity and are looking to sell for your ex to get the share of the equity.

Charging orders a quite lengthy processes, you would be issued with an interim order first (you could still go BR at this stage and it would be included in your BR) and then they would apply for a final order. Not sure how you would delay it but if the final order hearing isnt local then you would need to apply for it to be transferred to your local court which would delay it.

hth

Itsallgonepearshaped

fiveyearplan wrote: »

I'm sorry to hear you are separating from your wife and hope it isn't because of the stress of debt.

The debt hasn't helped matters ! Think it's probably the straw that broke the camels back ...

roxy84

Hi, we had a number of debts that were CCj's and then one day we just received paperwork from 2 companies to say that they now have interim charging orders against our house, you dont get any warning that they are doing this they just go to court without your knowledge and it gets put on you house. They were for £28k and £14k

Needless to say we soon went BR after this and our OR had them removed, so if you go BR before they are made final then they will be included if not then they will remain on the house, in our case they would of made us massively in negative equity.

We have kept our house (both me & oh went BR), you might find that if you want to sell there might not be enough time before they get put on your house

Itsallgonepearshaped

roxy84 wrote: »

Hi, we had a number of debts that were CCj's and then one day we just received paperwork from 2 companies to say that they now have interim charging orders against our house, you dont get any warning that they are doing this they just go to court without your knowledge and it gets put on you house. They were for £28k and £14k

Needless to say we soon went BR after this and our OR had them removed, so if you go BR before they are made final then they will be included if not then they will remain on the house, in our case they would of made us massively in negative equity.

We have kept our house (both me & oh went BR), you might find that if you want to sell there might not be enough time before they get put on your house

Thanks. Hearing for the interim is on 29th September - going to try and be BR before then if I can get the fees together ...

nervousmother

Good luck itsallgone,
I personally dont think charging orders should be allowed, we are lent money 'unsecured' and as such we pay a higher rate than if that debt was secured on the property.. now they can get that debt secured too easily.