Charging Order Advice

starship99_2

Hi all,

I am posting as I am in some urgent advice regarding a Charging Order hearing that I have in September.

This is for a debt my OH owes to HMRC. I am going through a divorce and he is no where on the scene and has gone AWOL. I received a letter from HMRC that there was an Interim Order made on the 27 July 11..........I had no knowledge of this until yesterday.

Now there is a Final Charging Order hearing in September. I called the court and they said that I had to write to them to request permission if I could come and object. I thought I would have a legal right to go even though this debt is not mine but still it concerns my home? and I should be entitled to put my arguments forward.

In 08 the court allowed my OH to pay £15 towards his CJJ and HMRC were not allowed to apply for a CO until he defaulted...........well my OH has never ever paid a penny towards his CCJ and I have been paying from my benefits just to save my house getting a CO.

I am going through a major crisis at the moment including a very traumatic divorce and by mistake accidently cancelled the standing order to HMRC in May 11, I had no idea I done this at all, with so much to do it was nothing but a mistake.

Next I hear is that HMRC have applyied for a CO. I have paid the 3 months arrears and set up the SO again and informed HMRC yesterday but they don't want to hear anything and are going ahead all the same. I told them that I had been paying the debt and my OH did not give a !!!!!, they still don't care. The debt is approx £5k.

I need to know if I have a right to be at the Final Charging Order hearing, considering what I am going and I am the one who has been paying this CCJ debt.

Any help or advice would be very much appreciated. If the judge does grant a CO would it be a restriction or CO? the debt is just in OH's name.

Tixy

Hi

Bit of a complex situation, especially with it being HMRC - I would suggest you contact national debtline for this one and some advice on how to go forward and what rights you have.
AFAIK it would only be a restriction not a full charging order.

Some guidance from them and their contact details are on here http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court (I'm not sure all that advice is relevant as I'm not sure if this will be county court or high court)

starship99_2

Thanks Tixy I did contact NDL this morning and they advised I see a solicitor.

I have told my divorce solicitor and she said she will look in to it......so I will hold on for a while.

I just think that HMRC are considerably ruthless as they are full aware of my situation and insisit on going full steam ahead. I know I can shout and cry as loud as I want but is of no use, just I thought a restriction would be easier to handle I think than a CO.

The one thing my divorce solicitor did say was that when the ancillary relief hearing comes it has yet to be determined how much share my OH has in the property, and she has advised that it won't be a 50/50 split so is complicated to work out...........so how can HMRC gurantee that my OH is entitled to the £5k'ish they want?

Yes it is complex, I just need to keep digging and just be allowed to go to this hearing to explain my arguments to oppose the CO, that's all.

Tixy

Not sure if you have seen this thread about restrictions? if not might be worth a read - Charging Order? The myth

starship99_2

Thanks again, yes I was having a read and the first post is very promising, but as you go along so many up's and downs.

I will have a good read so that I can see what I am up against and thank you once again for the quick reply.

If anyone else has any advice about what my rights are I would be very grateful for any tips. Thank you in advance.

Sparklyfairy

Hi starship, I'm sorry to hear about your situation. I do hope you are able to attend the hearing (I would ring HMRC's solicitors & tell them the situation, and that you want to attend.) When the charging order becomes final - any monies than can be collected after the sale of your house would be from your husband's share of the equity. As Tixy pointed out, it will only be a Restriction. I know the thread "Charging Order - The Myth" is long, has ups & downs, but it is just so so important! I think they key point to remember from the thread is that it is IMPARATIVE that when it comes time for you to sell, find a conveyancing solicitor who knows WHAT a restriction is & acts in your best interest (there are so so many who don't). It will take time, but people on that thread HAVE found them & have been able to sell without paying a penny. Also - just to add - as you said it won't be a 50/50 split & the debt is for £5k, just so you know, if your OH doesn't have the full £5k out of his share of the equity, the rest of the amount owed usually falls away on completition...but as it's HMRC, it'll be up to them to chase your OH for the rest of the money. Good luck xx

starship99_2

Thanks sparklyfairy that was very kind of you to offer such great support.

Thind is that I do not want to sell my house not just yet that is. I did contact HMRC yesterday and they said that I could attend but they are going full steam ahead becaus ethey said that had paid the legal costs.

As for the OH he does not give a monkees as what will happen and just upped and left. HMRC know that I am paying my OH's debt and have been for the past 3 years, it was just a mistake that the SO got accidently cancelled as I am under a lot of stress and pressure.

I have a repo hearing in September to, and all this is because of my OH's activities which HMRC are very well aware of. I will be gobsmacked if the court allow the CO to go ahead as I do not even know how much share OH is entitled to and that I will make clear to the judge to.

Funny though that I have to ask the courts permission to attend the hearing as I know for a fact that twit will not be there and therefore automatically a CO will be granted, that is why it is so important I go there and tell the court my side and my objections.

I was just wandering what the court would think of HMRC for they are taking the maximum advantage and making a mountain out of a molehill for just 3 months missed payments which have been paid in full yesterday.

Like you say a restriction if worse comes to worse I can live with but a CO would be great worry. I am on income support and receive DLA and cannot believe what I am going through at times where as the OH has left a pile of debts, and me in so much hell.

Well let's see what the court replies to my letter requesting permission to attend the hearing, and I have written a very nice letter to HMRC too.........explaining that I was very sorry that due to so many personal problems of having to go through a divorce and having suffered domestic violence for the past 17 years, and having to deal with a repossession hearing for a secured loan my OH took out and did not maintain payments..............and suffering ill health and on have been on medication for many years. That somehow I mistakingly cancelled the SO from MY bank account where my BENEFITS are paid in to, and I apogise for not maintaing my husband's debt to you..............but as soon as I realised my error I immediately corrected it by paying £45 from my benefits which I received yesterday. I again have set up a SO order from my bank account and promise I will continue to pay off my husband's debt however long it takes, if I die and there is still a balance left then please feel free to take my house, sell it, take what is owed and if there is any left please keep it as tip.

Well I didn't exactly word it just like that, but thought maybe next time I should write my letters out like that, then maybe someone might sit up and listen...........but I won't hold my breadth.

Sorry, just getting a few things off my chest, weather is lousy, life at the moment is lousy...........LOL hopefully things will improve......fingers crossed xxxxxxxxxxxxxxxx

Thanks again guys for your advice and kind support,

mumofjusttwo

I am in a similar situation

Ex husband-to-be accrued debts (after he left me) and I now have a restriction on my property for a credit card debt. We are presently going through a divorce (far too slow) and I have concerns about other debts he may have accrued.

My solicitors says I can object if he has anymore restriction but they would want their money. Seems disgraceful that my XH-to-be can accrue debt on a house he does not pay for and is only on mortgage/deeds and I seem unable to do anything apart from object and worry.

Am tempted to sell house just so I know that I will free from being financially worried because of him.

chanz4

Im going to be honest, HMRC are not people to mess with and would be very suprissed if any judge refused them a c/order. Whos the landregistry name in both yours and husbands?

nottoolate

make sure you do this

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

If the debt is in your sole name, but you own the house in joint names with someone else, they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made. They should have been sent a copy of the interim charging order and given an opportunity to go to the hearing and put their point.

For example:

who paid the deposit to buy the home?
who has made the mortgage payments since?
if there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up;
the co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

starship99_2

chanz4 wrote: »

Im going to be honest, HMRC are not people to mess with and would be very suprissed if any judge refused them a c/order. Whos the landregistry name in both yours and husbands?

Thanks guys, yes Land Registry is in both our names.

I don't see why I cannot ask HMRC questions and objections when I know and believe that I am right. My OH was/is nothing but a fraudster, using 2 names, addresses and everything else illegitimate under the sun and I don't see why I should be afraid to satnd up and ask for my rights.

If the judge grants the CO then I will cross that bridge when I get there.........but HMRC have to take in to account that what if my OH is for example only entitled to £2k out of the house? then how do they believe they will be entitled to put a £5k Charge on his share?

That is why I believe that people going through divorces, and creditors and whoever else wants to put a CO on their properties should make sure that those people do actually have enough equity in the house that the CO goes on.

Hope I have explained that OK?