Charging Order Information Please

sillysausage1977

Hi,

I wonder if anyone could give me some information on Charging Orders please?

Due to 3 mini stokes my husband is currently on the sick and only have my wage and his sick money to live on at present which would be fine if we werent £40,000 in debt with a mortgage. :eek:

We have gone to the CAB and they have written to the creditors and we are slowly hearing back from them. We are paying a smaller amount to each creditor and the full amount on the mortgage.

The lovely CAB lady gave us lots of information when we went to see her. She did inform us that any unsecured debt that we have at present (none of the debt is secured) can be made secured on the house and the creditors can also force us to sell the house.

All the debt is in my husbands name, if the worst came to the worst and they did put a charging order on our house would they be able to force us to sell it if the debt is in my husbands name only?

Thanks for taking the time to read.

earplugs

If they did get a charging order on the house then they would have to go to court to get an order for sale - this is where you could tell them that it would be unfair on you as you have no debt - but it i up to the court to decide - sorry if its not the information you wanted but they can go to court to ask for an order for sale, but courts are reluctant to make orders for sale, i can tell you that much, through experience.

good luck for the future.

Tixy

Actually charging orders themselves are not that common. The CAB lady is right to make you aware of the possibility but they are by no means certain to happen.
For a creditor to try and get a forced sale is even more unlikely. The fact that the house is jointly owned and the debts are not make it less likely a judge would grant a forced sale. The fact that your husband is unwell would also give you an increased chance to stop any attempt at a forced sale.

Whilst no one can guarantee that it wouldn't happen its quite a long way down the line.

Also have a read of this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

RAS

it is legally possible, but there are a lot of things you can do to prevent the charging order and to prevent the sale.

Start by reading this thread http://forums.moneysavingexpert.com/showthread.html?t=1839539

Have the creditors sent you default letters yet?

sillysausage1977

Hi RAS,

No, default letters as yet.