charge on house by creditors?

jaygrunt

Not being funny (honest)
Your creditors are trying to make you pay £1 a month for a £25 debt??????

Cant you just pay off the whole of the £25?

chelly63

To get a charging order, the creditors would first have to take you to court and get a CCJ, then you would have to pay either what you can afford or as set by court. If and only If you then fail to pay the CCJ, the creditor can then go back to court and apply for an intrim charging order, you will then be able to appeal against it, if you win, then no charging order, but if not the charging order is placed, but a charging order, does not mean your house has to be sold.
But remember a charging order can only be obtained, if you fail on a CCJ
Try not to worry, I was worried so much over this, until the great ppl here calmed me down
Hugs Michelle

jonesMUFCforever

Anyone can put a charge on your property simply by completing a Land registry form. HOWEVER it is normally annotated as NISI ie pending and has to be ratified by a court before proceedings can start against you.
You may never know it's on until you either want to sell or get a further advance or secured loan.

Xbigman

There's also a hybrid CCJ which even if you pay can result in a charging order. There is one large company that put these on in bulk. If you pay the CCJ then this process cannot be taken any further than the charging order.

A charge is a debt placed against a property. The debt must be paid if the property is ever sold. Charges also have a pecking order. Charges go down the list in date order unless someone is willing to postpone their charge. A mortgage is usually the 1st charge. Some flexi type accounts will only accept a 1st charge even for quite small sums but they cannot block further charges being added.
Having a charging order place a charge on your property is worrying but as long as you pay the CCJ it is not a problem.

My only advice is, do not let CCCS, payplan, etc pay the CCJ for you. Take that debt out of their hands and pay it directly and get a receipt. You may need to prove you paid this in court and you should not rely on a third party to save your home.
Regards


X

Xbigman

And I assume thats £25,000 no £25.
Regards



X

chelly63

Can you give us a clue to what company that maybe?
Thanks

Xbigman wrote:

There's also a hybrid CCJ which even if you pay can result in a charging order. There is one large company that put these on in bulk. If you pay the CCJ then this process cannot be taken any further than the charging order.

A charge is a debt placed against a property. The debt must be paid if the property is ever sold. Charges also have a pecking order. Charges go down the list in date order unless someone is willing to postpone their charge. A mortgage is usually the 1st charge. Some flexi type accounts will only accept a 1st charge even for quite small sums but they cannot block further charges being added.
Having a charging order place a charge on your property is worrying but as long as you pay the CCJ it is not a problem.

My only advice is, do not let CCCS, payplan, etc pay the CCJ for you. Take that debt out of their hands and pay it directly and get a receipt. You may need to prove you paid this in court and you should not rely on a third party to save your home.
Regards


X

Josie64

oops ! yes £25 k , thanks for the advice ,

the company might be barclaycard because they just will not accept I don't have
5,000 to pay them

we have more than one creditor , capital one credit card / tsb loan + credit cards + overdraft ( SOA was posted in earlier postings)

we've never paid any money to CCCS cos never been enough income to do a DMP , so after pressure from barclaycard cos they would not accept what CCCS were suggesting , B/card then said they would only accept what CAB said , ie financial statement , but again they are the only compnay that is ignoring letters from CAB , yet they ring the house , send text messages and letters requesting money we don't have....

would I be able to argue that they are deliberatly stalling just to get more interest , in April I had a letter from Mercers collection agency but months later I'm still getting monthly statements , the interest is still going on every month , last month it was £121....

Xbigman

chelly63 wrote:

Can you give us a clue to what company that maybe?
Thanks

I can't remember. There were several long threads on here about it and the 'hybrid' CCJ's. It wasn't barclaycard.
Regards



X

Xbigman

Josie64 wrote:

oops ! yes £25 k , thanks for the advice ,

the company might be barclaycard because they just will not accept I don't have
5,000 to pay them

we have more than one creditor , capital one credit card / tsb loan + credit cards + overdraft ( SOA was posted in earlier postings)

we've never paid any money to CCCS cos never been enough income to do a DMP , so after pressure from barclaycard cos they would not accept what CCCS were suggesting , B/card then said they would only accept what CAB said , ie financial statement , but again they are the only compnay that is ignoring letters from CAB , yet they ring the house , send text messages and letters requesting money we don't have....

would I be able to argue that they are deliberatly stalling just to get more interest , in April I had a letter from Mercers collection agency but months later I'm still getting monthly statements , the interest is still going on every month , last month it was £121....

The lenders do not have to stop interest and late payment charges. If they take you to court you can request the interest is frozen if the debt is less than 5k, and the courts nearly always agree. If over 5k the court rate interest of 8% applies and this level of debt is much more serious.
Are they running up the interest deliberately? Probably not, they are just being obnoxious.
Regards



X