charging order

walsh123

hi i would like some help if anyone else has gone through this please

i was made redundant and had to go onto benefits round about the same time myself and my ex split up and he moved out which left me with all the debts and the mortgage i tried to continue to pay as much as i could but was unable to and ended up with really bad depression .
so as all the creditors started to chase me i hid for a while but soon got better and tried to seal with it all by this stage one of my debtors had taken it to court so i ask for it to be redeturmind to my local county court which appently they did without my knowlege the fisrt i herd of it was when i had a letter from court to say the hearing for the final charging order was taking place on a certain day which i attended and by that stage the amount they wanted per month was compleate unmageable so the judge agreed with the creditor the royal bank of scotland to put a charging order on the house.
myself and my new partner and children are needing a bigger home and wanting to move out but my ex wont take back the house as his name is still on and the only way out that i can see is to have the house repossesed and then the charging order then becomes an unsecured loan again is that right has anyone else had this happen or any other options to remove this charging order ?
thanks

dancingfairy

Hi - you might find some people on the debt free wannabe board are able to help so maybe repost over there.
What I would say is that there is a factsheet on charging orders on the National Debtline website, you can also phone the NAtional Debtline for advice.
There is also a a particular thread on the dfw board that implies that a charging order can sometimes be a restriction order if the house is jointly owned and the charging order in the name of one of the owners only.
You may be able to object to the charging order as you didn't get the paperwork? it depends on timeframes - again RAS or someone over on the debt free wannabe board will be able to help.
Generally the ways I know of to get a charging order removed would be to settle the debt in full or sell the house - hopefully others can advise further.
Good luck
df

silvercar

Will your ex agree to the sale?

Will the house price cover the mortgage and charge?

If you can answer "yes" to both questions then the easiest is to sell up and start again.

walsh123

thanks for the help but the charging order has been on the property now for nearly 2 years

and if we sold the house its in negative equaty at the minute so no point in doing that eaither plus i think you have to have the creditors agreement to sell the house if they feel they arnt getting any money out of it they can stop the sale
i think the ex should have a go at keeping the house going in my eyes :rotfl: