HELP!! Halifax & Sneaky Charging Order,please..?

kendalman

Hi!
I have a £7,600 debt to Halifax/BOS since 4 years ago. Out of work, couldn't pay, they didn't listen etc etc...
Eventually debt collector from IQOR calls round and as I now have a new job ( How did they know that?) I agreed to a standing order of £40.00pcm until things improve.
House has been on the market for 2 months in order to release capital and move down market a tad, and release dosh to clear all debts--which it will just do then WHAM!!
IQOR man calls round again after one payment gone out and tells me Halifax have "Called the Debt back in" --and " No more Standing Orders to pay"
WHY??
Because he tells me, Halifax have found out that my house is on the market--NOT SOLD--and they have put a Charging order on it so the solicitor will be forced to pay them in full if, and when, it sells.
No letter to me telling me.
No nothing!!
They have refused my £40.00 per month...WHY??
I WANT TO PAY Now that I can!!

Can they do this legally??
The IQOR Collector seemed peed off as he admitted he wouldn't be getting any commission on my payments.

CAN THEY DO THIS??
WHAT HAPPENS IF HOUSE DON'T SELL AND I TAKE IT OFF THE MARKET..
Now I am worried again, just after I thought I was making headway
Any genuine help or pointers welcome

Thanks BTW This is my first post!:o:o:o

Tixy

Hi

Presumably theyalready have a CCJ for this debt?
To get a charging order they have to go back to court for a charging order hearing and you should be notified in advance so you can defend against it.

Is the debt just in your name? do you own the house alone or with a partner or someone else?

If they have a charging order and you didn't have an option to defend you should be able to get it set aside.

If your house doesn't sell then the charging order just sits there until you do sell. Whilst such a thing as a forced sale order does exists these are as rare as hen's teeth.

This factsheet might help - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

FireWyrm

Hmmm...I'm a suspicious as hell over this....

kendalman wrote: »

Eventually debt collector from IQOR calls round and as I now have a new job ( How did they know that?) I agreed to a standing order of £40.00pcm until things improve.

As you point out...how did they know? Are they psychic or did you tell them or someone who could have told them....anyway....

kendalman wrote: »

House has been on the market for 2 months in order to release capital and move down market a tad,

Commendable

kendalman wrote: »

IQOR man calls round again after one payment gone out and tells me Halifax have "Called the Debt back in" --and " No more Standing Orders to pay"

Yeah right. Did he see the 'for sale' sign and just decide to try it on, or is the charging order true? You need to find out (quietly) what the story is.

kendalman wrote: »

WHY??

My guess is they did no such thing.

kendalman wrote: »

Because he tells me, Halifax have found out that my house is on the market--NOT SOLD--and they have put a Charging order on it so the solicitor will be forced to pay them in full if, and when, it sells.
No letter to me telling me.

As Tixy says....no way unless they have a CCJ and they've been back to court. You should have been informed in writing. They cant possibly have done all that in two months, even if they started the second it went on RightMove.

kendalman wrote: »

No nothing!!
They have refused my £40.00 per month...WHY??
I WANT TO PAY Now that I can!!

You need to know if this charging order exists, right now before you talk to them again. Refuse to enter into a conversation with them until you know where you stand.

kendalman wrote: »

Can they do this legally??

Legally, yes, but there are proceedures.

kendalman wrote: »

The IQOR Collector seemed peed off as he admitted he wouldn't be getting any commission on my payments.

Boo hoo!

kendalman

Thanks for all the input.

Spoke to my solicitor. He confirms that a charging order is in place. Yes they have a CCJ..since 2 years when I lost my job..but no there has been no correspondence regarding this "Charging Order"
he volunteered that Hlifax /BOS have now employed a company which advertises in the 2 Adverse Credit Trade Press"...ugh?? offering to provide banks/credit card companies etc with the addresses of houses on the market/for sale already/up for repo..so " That their interests and due obligations are satisfied if sufficient equity is released on sale!"

He told me that solicitors have been inundated with adverts from this company " seeking to help banks etc with possible equity being disposed of by property owners without intention to settle unsecured debts already on the books"
That quote is from bumf he volunteered to show me...which I copied down...
He says he is obliged to settle all debts before releasing any funds to me, and as most folk will not know about a charging order being already in place..he aadds that he has had sales and subsequent purchases fall down as equity was removed unknown to the debtor.
Halifax merely state that money is owed, CCJ in place, debtor aware, and frankly tough !!!!!!
It a question of timing he says. Debtors only find out--some of them only after a solicitor has settled the mortgage if any, and then the second chage charging order to the credit card company.

He says families have been left with an inability to continue a purchase and then gone a council list as monies were taken and they had never been advised.

He told me how to challenge it, and how to word my defence so that it wont be replaced.
"Offer a sensible monthly payment system. Make one months payment and set up a standing order. Registrar will acept that as far as he can tell..

Anyone know different, and more important are Halifax taking liberties and using inertia to get money owed, by sidestepping the rules??

Tixy

They should not be able to get a charging order registered against your property without you knowing about it. There should have been a court hearing and you should have been informed in advance by the creditor.

Was the CCJ as forthwith order? presumably you didn't pay it?

kendalman

Can I just reply to the poster who asked " How did the IQOR debt collector know I was now in work?"
Answer...I asked him how as well, and he replied, "You don't think we would come round if you were still on the dole do you...theres such a thing as NI payments made when you are working...!"
Does this mean Iqor can access the NI contributions and monitor just after my employer and employee contributions are paid by the employer...that means he has to know my NI Number...that was never given to halifax nor IQOR....

!!!!!! is going on...the swine have me surrounded..al I am trying to do is get myslf out of the swamp and they are standing on my fingers as I grasp the branch to puill myself out!!

My late Dad said " Never trust a man in a suit with a tie and cuff links on a working day!"

I did. I remember the guy who have me the credit card when all was good. He had Amber--real amber and gold cuff links..I admired them.
I should have heeded Dad.
It would make a lesser man suicidal...I have 2 daughters to feed and a wife in part time work..

kendalman

Tixy wrote: »

They should not be able to get a charging order registered against your property without you knowing about it. There should have been a court hearing and you should have been informed in advance by the creditor.

Was the CCJ as forthwith order? presumably you didn't pay it?

No the CCJ was a standard hearing...My only one ever..I attended..explained my position which wasn't great..skint at the time..mortgage was most important..even the Registrar said that my mortgage was the most important debt to get sorted, which we did..Bank of Ireland were, and still are, very good and helpful. We keep in contact and now they have rolled up our interest and put us on a tart interest part repayment to "Hlp us" I reckn its a good deal.I bounced it off the solocitor and he said roll with it. BOIreland do help folk if they are genuine. halifax however do not!!

Notwithstanding the Registrar, 2 years ago, gave Halifax the CCJ..they merely sent a very junior clerk with a list of 20 or so cases and he was annoyed when I turned up and argued my case. No one else apparently did and they got judgements agint them "en bloc"!
I might add that I was payinga token £5.00 per month without a miss 23 times to Halifax before all this Charging Order thing arose...makes me wonder if they will spit on the Solicitors offer of £10.00 a month standing order.

Its not a lot, but why is it Banks do credit searches on everyone, but no one does credit searches on banks??
Just a thought!!
Apparently Halifax put a Default Notice on my credit record 17 times in seccessive months as I had not made THEIR demanded opayment of £!50.00 per moth...which they classed as reasonable...

There are times when I feel like revenge. They seem to be out to get at my head!! I sincerely want to settle the debt, but not with a gun to my head like they want!
i have only re-started working again. Things looking up, but family needs stuff, and I have got an evening job as well to drag in another £100 a week, but only see kids at weekends and for 30 seconds each morning....
Sorry i am ranting
The army trained me how to do nasty things.I have not forgotten.

FireWyrm

kendalman wrote: »

Answer...I asked him how as well, and he replied, "You don't think we would come round if you were still on the dole do you...theres such a thing as NI payments made when you are working...!"
Does this mean Iqor can access the NI contributions and monitor just after my employer and employee contributions are paid by the employer...that means he has to know my NI Number...that was never given to halifax nor IQOR....

That was either a bloody good guess on his part, or they have someone inside the tax office. There is no way they should be able to find out that information and even less chance of them actually getting to it. I would start kicking up a fuss with HMRC since it appears someone has access to your private records without consent. HMRC takes this extremely seriously and my next stop would be the national rag that makes the most noise! Seriously, I'm more worried about that then the charging order. You need to find out where they got that information from and right now.

Sparklyfairy

Hi there, kendal. Firstly - please take things easy - money issues are not worth taking a life over, especially as you have a family! You are sooo not alone with the charging order situation. They issue them like confetti! I have one from MBNA & in the span of 5 weeks they were able to get a ccj, redetermination to forthwith, then an interim charging order. Things do move very swiftly when a creditor decides to go down that route...Can you tell me if your debt is in your name only & your house is jointly owned with your wife? If so, please take at look here Charging order? The Myth The thread is long but well worth a read!.... Hth, SF x

kendalman

Thanks folks for the kind words I am not about to be silly but to you it may be several times over with these people.With me its the first time>
I now hate them with a vengeance. Only last niht in the pub such matters came up, and I was amazed at how some folk in my situation have got their own back, costing the Bank messing with them thouisands an thousands. I must have friends in very low places.
Next time cash machines are down...blame them...Heavens its a whole new subversive world out there>
I basically hate Halifax BOS now, and anything I can do ..sort of legally to cause them hassle and above all expense far greater than they have caused me, will be a big WIN.
Wait for future developments
They have badly annoyed a genuinely innocent man who lost his job. Nothing more. SOD EM!

dancingfairy

O.K so they got a CCJ against you and now have a Charging Order (restriction) against your house. You can appeal as you didn't receive notice but even when people do appeal at the original hearing charging orders seem to be granted by the judges anyway so I'm not sure there would be any mileage in appealing as it will cost you time and money). This is especially true if you broke the terms of the CCJ - if it was forthwith or to pay x amount per month.
Basically I fear you are stuck with it and need to make arrangements to deal with it as best you can
Best of Luck
df