A Little Advice

dancingfairy

Do you and they actually understand that a charging order does not require you to sell your house it merely sits there until such time as the house is sold which could be years/decades from now? This might but your mind at rest.
Normally a final charging order hearing is to rubber stamp the charging order.
As Ras says have you been paying the amount as ordered under the CCJ? Have you contested the original judgement?
I'm not sure you will have much success at this very very late stage despite the fact you appear to have been treated extremely badly but best of luck.
I think you need proper legal advice if you are to fight this one as with only 5 mins your options will be limited. Have you tried CAG - not sure if they are still around on the internet? have your friends got legal cover with the house? do they qualify for legal aid or is there a community legal aid centre near them? Just be very careful that you don't end up with a large legal bill as sadly I do feel like this is almost in the bag for the creditors and a large legal bill on top for your friends will not help matters.
Have your read the courts website - HMRC? they have all the forms for court things on there and maybe able to explain process/procedures and whether it is indeed possible to stop a final charging order. It might also explain what part of the process you need to contest -whether it's the CCJ or whether you need a variation to the order to pay 100 a month or whatever.
Have you tried National Debtline's website and their helpline?

I wish you and your friends all the best.
df

w1ck3d

Hi dancing Fairy,

Yep, I have read everything that is possible, just sometimes, you cannot replace real life experience. The CCJ was for the full amount only. They have never been offered a repayment plan through the CCJ. Just all or nothing.

I agree, they have come to me a little late in the day, but what I have read, until it is rubberstamped, a CO can be stopped at any stage.

What I am hoping for, and as you have picked up, the judge does see they have been mistreated, very badly, and rubberstamps the payment monthly option of what they can actually and honestly afford to repay.

The fact that they will be £300 more better off, as the car payment finishes then next year, and MNBA still refused to listen to that offer.

Like I said, they have kept all these letters, stating facts, and with little help from me ( pointing in the right direction) they have actually built a good case themselves, just didn't realise it. I know they will not force sale, as there is young kids in the property, and also the equity will not cover the mortgage and this creditor.

Thanks again for your comments, and taking the time to read my blurb

dancingfairy

I think it might be Mercantile vs Ellis that used to be used to defend against charging orders but even this fails now, preferential creditor doesn't work either, young kids -I can't see this holding any water legally - it's not, I repeat not an order of sale - it merely sits there until the couple DECIDE they want to sell so whether they have young kids is hardly likely to make one iota of difference in my opinion.
Creditor not showing up? you can request it's struck out possibly but it's likely the hearing will be postphoned or the creditor will try again? this might be your best bet and allow you to mount a proper, robust defence.
You can try getting it struck out on a technicality but members on here that have tried defending themselves recently have reported no luck.
Is the debt in joint names or single names as it may be merely a restriction on the house and not a full charging order - read bluebecks thread for more on this.
How did you get on with the set-aside thing back in June as this is of vital importance.
I must reiterate I think your chances of success are vritually nil but wish you well anyway as it is not nice to hear of stories where people are bullied into making payments when they are practically on their death bed etc
df

dancingfairy

PS the info I have picked up is only from reading on here as I have no direct experience myself.
i'd love you to prove me wrong and stop the charging order.
Do let us know how it goes - hopefully other members of the forum will have useful info for you later on tonight as it can be quieter during the day.
df

w1ck3d

So am I right in saying, that the charging order just sits there. They no payment towards the debt, and it only comes into force when they sell the property, or am I just barking in the wrong park?

It is in sole name only

Didn't get a chance with the Set-a-side, it got processed that quickly, hence why I got it moved to Local Court, as I explained to the Bulk Clearing Centre, what had happened, and as soon as I said, they never received the admission or any other paper work, she told me, request to have it moved straight away, as something has gone wrong here.

w1ck3d

PS - I will let you know, date is 19th August.

dancingfairy

You might be able to get the orignal judgement overturned then before that, you can apply at your local court I think - it depends on how busy they are, if this fails you could ask for the final charging order hearing to be suspended pending the outcome of the appeal against the orginal CCJ. I'm afraid I don't know the terminology for all this but have a look on the courts website for all the forms which should give you an idea - also the court staff should be able to help you -if you say to them I received a CCJ and received no notification which form do Ineed to appeal they should be able to point you in the right direction I would have thought - they can't help with the wording or your reasons but they should be able to direct you to the right form.
I don't honestly know the intricacies of a chraging order - try National Debtline website for the answer to that one. I think that payment would have to be made but that once the debt is secured the creditor will be far more willing to negotiate - you can also ask the judge to set the repayment at a figure they can afford I think although I'm not really up on this.
The thread regarding the difference between a charging order and a restriction is called something like charging orders the myth (or something similar on here).
df

RAS

w1ck3d wrote: »

Hi Ras,

The problem is, they didn't get a chance to defend the original CCJ. The complete forms where not send out, all they got was the "Forthwith" letter.

This simply does not happen; they will have recieved the original summons, which they had to return it with an offer for payment. At which point they could have defended and ask for transfer to their local court.

Northampton rubber stamp, so in the absence of a offer of payment that MBNA accepted, they got a forthwith CCJ.

They should then have applied for a redetermination, to pay be installments.

MBNA are allowed to refuse any offer of payment, if they wish.

If the CO is granted, then the situation depends on the debt and the house.

If it is a joint debt and jointly owned house, they need to make regular payments.

If the house is jointly owned and the debt is in one name there are other options.

w1ck3d

I know an old post, but thought I would update you all.

A consent order can be stoped....Did It
The creditors can be in the wrong......provided it
The court can and will accept a reasonable payplan, no matter how log....done it...provided it
Don't be bullied....provided it

Be honest....it works )

Settlement...on their terms and conditions.

If you have a case, I would suggest you fight fight fight...Its not easy, its stressful, but don't let these Banks beat you...

Result....Charging order removed, due to inconsistances in the case ( they didn't do things properly ) and payment plan set up to what they could afford, which is what they suggested to MNBA in the first place....If you can fight, then please do it..they have got away with so much for so long....not anymore, and if you need advice, check these forms out, its all there, this is where I learnt it. :rotfl:

W1ck3d

red_scorpian

Hi and well done W1ck3d on your triumph against the bank, doesn't matter if it's an old post people will appreciate you coming back and giving an update as it let's everyone see what can and can't be done,knowledge is power, and your post proves it ,again well done.