Advice required re. Interim Charging Order

SinkingFast

Hello

My husband recently had a CCJ registered against him to the value of £1800. We had intended to settle it within the 30 days but the gearbox went on the car so we accepted it would take a few weeks more to settle and we would have to accept it on our credit record for the 6 years as settled. This was made on 27th March if I recall correctly.

Today we receive a letter attaching an Interim Charging Order from Restons Solicitors on our home granted on 30th April with another hearing on 7th June. We never knew anything about the first hearing and are confused as to what the next hearing is about.

We have been in serious financial difficulties for over a year now and despite being advised to go bankrupt by CCCS late last year we decided we were going to get ourselves out of this mess by paying everything back and never getting into debt again.

We have cleared nearly 9k worth of debt so far to date this year out of around £45k and we know it is a painful process so we are frustrated that we could not get this paid quicker but we have arrangements with so many companies at the moment that it was inevitable one would slip through the cracks.

Anyway, can anyone tell us what this order is and what we can do, if anything about it? I know we have to pay the money to clear everything up but I don't think we will do it in time for the 7th June, maybe just after...

Thoughts or advice please?

Tixy

Hi
You need professional advice and fast - is the debt in husbands name but the house in both names? you need to argue against the charging order.

Read here as a starting point -
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

It lists what to do next and what reasons you may be able to use to defend against the charging order.

What was the debt for originally? it may be suitable for you to apply for a time to pay order.

SinkingFast

Hi the debt was originally £3.5k for a credit agreement for furniture.

The house is in my husband's name only although before we got married we made an agreement via solicitors (deed of covenant or trust, can't recall the correct terminology) in my favour on the property. My name follows the mortgage with them as the first charge.

duffs54

Hi Sinking

We have sadly just had an order put on our house via Restons the Rottweilers, they are not to be messed with.

They went to court after one of our payments was 2 days late, the case was heard yesterday and we sort of got a victory. CAB represented us.

It was for a Credit C debt, it went to court and like you we didn't realise what it all meant, the order was made in our absence, not difficult as we didn't know! anyway they set the payments at £200. this is more than the original payments to HSBC this meant that we were £150 out of pocket with our DM programme. so we appealed and got a hearing to get the payments reduced.

Meanwhile 1 payment to restons was 2 days late in Feb and they automatically applied for a charging order. then unfortunately Aprils payment was bounced, but was paid 1 week later.

I was advised that the Judge was a bit of a maverick and didn't like these sorts of companies harassing debtors. So all went well, Restons wanted the hearing to go ahead without me as my name wasn't on the CCJ, this meant that the charging order would be made un contested and the monthly payment would not of been reduced. The Judge said more or less rubbish, as I have an interest in the house it should not be discussed without me being present as it is also my home. OH unable to attend as he would lose a days pay. He explained that this isn't losing the house just a debt set against it etc.

The agent for Restons really suffered at his hands, she didn't have any proof of missed payments as of course there weren't any, he said that it was ridiculous to do this for being 2 days late and to go away and get her proof, we have made payments since last oct on this.

When she returned he was still on our side, but as she quoted some court laws, his hands were tied, but she refused to get the payments lowered and argued for sometime, but he saw that we just couldn't keep making these payments as we were stretched to the limit and reduced them as from this month to £65. So that is my sort of result, she was really miffed and so she should be, we sadly have the charging order now, but we owe the money so we have to accept it.

But my warning is do not mess with Restons, they are bullies and should not be ignored. Where on the other hand, Moorcrofts are really helpful and kind when I speak to them.

Good luck with your case

terryw

SinkingFast wrote: »

Today we receive a letter attaching an Interim Charging Order from Restons Solicitors on our home granted on 30th April with another hearing on 7th June. We never knew anything about the first hearing and are confused as to what the next hearing is about.

This link will help you to understand the procedure.

http://www.hmcourts-service.gov.uk/infoabout/enforcement/charging/index.htm

The first application is just read by a judge to decide if there is a case for a charging order. The debtor is not informed of this presumably because it would give them the opportunity to dispose of the property before the hearing. If the judge agrees, this is when an interim order is made.

The next stage where you are to attend the hearing is really important - you have the chance to dispute this before it is made final.

It is important that you seek professional advice.

Even if the order is made final, this does not mean that your house will be taken from you - only that the creditor is paid out of the proceeds of sale when the property is eventually disposed of. But there is a small chance that an order could eventually be made for a compulsory sale - more reason for you to seek professional advice immediately.