Question about charging order

thewilf

Hi All,

Just a quick question. I live in a shared ownership property 50/50. A creditor has applied for a charging order and had an interim one issued, can they get this seeing as I actually don't own all of the property, only 50%. Would this end up becoming a restriction rather than a Charging Order?

Further to this, I have only received the paperwork notifying me of the hearing today, the hearing is on Monday. The post mark is from weeks ago so I'm guessing postal problems have caused it to turn up late. The hearing is in a court over 3 hours drive from me and I am at work so cant get there. Any chance if I phone up the court monday morning they will re-arrange to another date and a court closer to me?

As an aside to this, I only have about 3k in my house after sale etc... and need to move as in apartment and have just recently had a baby. Also renting house is actually cheaper than this 50/50 deal, so would be able to pay more money into the DMP I am setting up with payplan at the moment. Any way I could sell it with the charging order, I have heard of people asking the mortgage provider to force a sale?

Any help appreciated,
Cheers
Will

DarkConvict

I believe it would be a restriction.
Im sure this question have come up before and we direct people to read this Charging Order? The myth

With regards to court hearing, you have a right to defend against it. Im not sure what the time limit is, but you should be able to arrange it so its at a local court and you have at least 7/14 days to prepare a defence. I would PM 10past6 about this, although other forums members can probably answer this question. Whther or not you will be able to change it on Monday given that is the day of your hearing is another matter. have you already tried to phone the court today to get it changed?

A force sale is very unlikely, so few have ever been granted. As its joinly owed and no CO is ever going to be granted the debt should end up becoming unsecured again. As such you can use the sale proceeds as you wish. If however it was really a CO then the creditor gets paid out of the sale by your solicitor before you see any of the sale money.