Interim Charging Order (on land property)

spoll_2

My parents have a number of unsecured debts that are unable to pay back and have a dmp with the CCCS. One of the creditors has filed an interim charging order against them which from what I gather means they are trying to secure the debt against my parents house.

Are they able to do this? Can anyone offer any advice of what we should/can do to prevent this (not in a position to repay the debt).

Thanks in advance for any advice provided

RAS

Hi

This probably means that they have already got a CCj against them?

If so, did they defend the case? Have they been paying the sum that was set by the court?

There is also probably a forthwith judgement? Did they defend that?

I have to go but it is probably best to get them on-line themsleves as they knwo the saga.

Then pm 10past6 who is best placed to help with CCJS and COs. he was on here earlier.

thechippy

Are the debts in joint names, or just one? Is the property jointly owned?

spoll_2

Thanks to you both for replying - debts are in both names but just been looking online a bit and now think I at least understand what the creditor is doing.

Looking at the info on the nationaldebtlie website it's clear that they should put together a letter figthing. Are the following justifiable reasons as to why the charging order should not be grante?:

- Not all of the other creditors have been mentioned in the application for the charging order (only the mortgage company)

- My parents are with the CCCS and have not missed any of the payments

- My Mum has been forced to give up work due to a minor stroke

They are paying what they can via the CCCS and this one particular creditor is the only one who hasn't frozen interest etc but so happens to be the largest creditor with the debt around £7k.

RAS, my Dad has pretty much buried his head in the sand and it's difficult to get info out of him about what letters he has received etc - I doubt if he evens knows tbh.

Thanks again to you both.

Deep_In_Debt

I'm not really up on this but they could say that by one creditor getting a CO is treating the other creditors unfairly and you could also mention your mum's health.

Sorry i can't help much - I'll leave you in the more than capable hands of the experts.

thechippy

Can you confirm if they have ccj's against them

RAS

They may be able to quote Mercantile v Ellis but until you know whether there is a forthwith order etc, it is hard to advise.