Voluntary Charging Order!

ssarah30

Hi Please help. I have until Thursday 4pm to respond to a rather nasty letter I got from Weightmans Solicitors ( C/O Equidebt LTD ) Which I owe £682. I have been paying £30 per month but I missed one payment last month due to Xmas ( My fault I know ) £30 is coming out of my account via standing order this Friday. The letter states that they want me to agree to a Voluntary Charging Order ( The house is in my sole name ) And if I don't they will go to court to obtain a Charging Order and advise Equidebt to push for a sale. Can they do this? I don't even have a CCJ with these people. Im so upset, I havent even told my husband

dancingfairy

Hi - why would you want to voluntary accept a chargin order? I presume they could still then threaten you with a forced sale? don't go down without a fight.
I would get some advice from National Debtline or your local CAB - I believe National Debtline have a factsheet on charging orders etc. I suspect that this is just a very nasty heavy handed attempt at frightening you and them saving themselves the cost of going to court to get a charging order and that they might not win anyway but I don't know for sure hence why you should get proper advice.
Are you paying what you can afford? I am presuming that you are but obviously if your budget sheet shows you should be paying more then that could pose a problem.
df

RAS

Hi

if this debt is for a mere £680, there is absolutely no way that a judge would agree an order for sale if they gho a charing order. The respoonse has to be proportionate and this is not.

I suggest you let them try for a CCJ and arge the toss, which will result in an order to pay a monthly payment.

Without an SOA, cannot tell you if what you are paying would be acceptable in court.

Sparklyfairy

I agree with the above.

Firstly they cannot get any charging order without a ccj first. Plus with such a small amount (under £1K debt) it's highly unlikely a judge would ever agree to a sale order.

I, personally, think they're trying it on.

fermi

ssarah30 wrote: »

And if I don't they will go to court to obtain a Charging Order and advise Equidebt to push for a sale.

They could advise Equidebt to launch their own manned mission to Mars. With about the same likelihood of success.

ssarah30

Hi everyone, thanks for you replies.
I put a search on the web for Weightmans Voluntary Charging Order, and I was suprised how many people they've done this to. I've written to them today stating that I wasn't going to sign the order and gave them a monthly budget sheet, also don't you have to default on a CCJ ( Which I don't have ) first before they can even apply for a Charging Order? I read their letter again and it states: We write further to your letter ( I didn't write to them ) and that we have received no proposals from you as means of payment ( Tosh! I have every bank statement proving otherwise ) We are instructed to obtain a charge over your property to protect out clients position. We stress that providing you maintain the monthly payments, the intention is merely to protect our clients interests. If you refuse to consent a charge, then we will be forced to issue peoceedings against you, apply for a County Court Judgement and then apply to the court to make an order granting our client a charge. In those circumstances, we will ask the court to make an order for costs against you. We will also seek our clients instructions to pursue an Order of Sale. If we do not hear from you by 4pm on the 13th Jan 2011, we will assume you are not prepared to agree and we will have to apply to the court.

dancingfairy

Ha! Another standard threatogram then if they feel so confident let them take it to court and the costs they'll incur. It could well just be all hot air as well - you won't know for a while - they might decide they can't be bothered in the end - in fact I think some companies have been told off for threatening things they won't do.
Just keep a copy of all your letters, keep paying the 30 a month - if you can make up the missed payment so much the better.
df