Charging Order - Advice needed

Craigyh

Hi all, I'm after some advice on a charging order and what to do at the hearing. Below is brief detail of what has happend.

Aug 09 - Recieved forms for an application of a CCJ from Eversheds. These were filled in and sent back.

Oct 09 - Received from the court a Judgement for the claimant on the grounds that I didn't send the forms back, even thought I sent it registered and have a signature that it was received. I sent a redetermination letter to the Cardiff court asking for it to be reassed in my local court. They received the letter but I heard nothing back.
Nov 09 - Jan 10 - Received calls from Eversheds offering me a reduced amout to pay back. When I said I was in no position to they kept asking if I could borrow it....hello this is how I got into this mess..
Yesterday my wife and I both received letters stating that an interim charging order had been granted on the 1st Feb 10 and the hearing was in Cardiff on 24th March. I can't beleive it took Eversheds a month to send this on to me.

I have sent a letter to the Cardiff Court saying I am not in a position to get to Cardiff and have asked if they can transfer it to my local court, but I'm not holding out much hope due to their lack of communication to my previous letter.

I'm not exaclty sure what advice I'm after really just info on what happens and people experiences of it as I'm worried sick about loosing everything and its only my wife and baby that are giving me the strength to carry on.

thanks for listening

never-in-doubt

hiya

Its rare that a CO will result in you being made homeless, lots of points to consider and if you have kids then it simply won't happen - usually they go down as a second charge so when you sell up, they get their cut after the mortgage has been repaid.........

i'd send a PM to 10past6 one of the resident experts in this area - he'll be a good source of information...

10past6

Craigyh wrote: »

These were filled in and sent back

Did you admit / dispute / deny the claim?

Craigyh wrote: »

Oct 09 - even thought I sent it registered and have a signature that it was received

Who did you return it to?

Craigyh wrote: »

Yesterday my wife and I both received letters stating that an interim charging order had been granted on the 1st Feb 10 and the hearing was in Cardiff on 24th March

The hearing on 24th March is for the CO to be made final

Craigyh wrote: »

I have sent a letter to the Cardiff Court saying I am not in a position to get to Cardiff and have asked if they can transfer it to my local court

The case should be transfered to your local CC.

Craigyh wrote: »

I'm worried sick about loosing everything and its only my wife and baby that are giving me the strength to carry on

A CO is not as important as it appears, yes, it is important in that they may at some stage seek to apply for a force sale, but they'd need dam good grounds for making such an application, the purpose of a CO is for them to secure the debt, it's NOT a second mortgage, it's a secured loan.

How old is the debt, did you received a default & termination letter?

Craigyh

10past6 wrote: »

Did you admit / dispute / deny the claim?


Who did you return it to?

The hearing on 24th March is for the CO to be made final

The case should be transfered to your local CC.

A CO is not as important as it appears, yes, it is important in that they may at some stage seek to apply for a force sale, but they'd need dam good grounds for making such an application, the purpose of a CO is for them to secure the debt, it's NOT a second mortgage, it's a secured loan.

How old is the debt, did you received a default & termination letter?

I admitted the debt and sent it back to Eversheds. The redetermination leter was sent to Cardiff CC and it was ignored. The Debt is about 3-4 years old. I recieved a default from Nationwide and a letter that it had been passed to Eversheds.

thanks

10past6

Craigyh wrote: »

I admitted the debt

Pity

Craigyh wrote: »

The redetermination leter was sent to Cardiff CC and it was ignored

The court cannot just ignore it, have you checked if they received it?

Craigyh

10past6 wrote: »

Pity

The court cannot just ignore it, have you checked if they received it?

I wanted to pay back what I borrowedno matter how long it takes. I've got the copy of the signature of who signed for it. The only problem is the copy of the letter is on my hdd that has just packed up

10past6

Craigyh wrote: »

I've got the copy of the signature of who signed for it

if you have the case ref no. I suggest you call the court and confirm a) if they received your correspondence and b) what stage your case is at.