Interim charging order

the_brown_stuff

Morning all , I'm after a bit of advice.
My brief story ,
I am declaring myself bankrupt within the next few weeks , currently filling out the forms , been on a DMP with Payplan for the last 3 years but due to lack of work I can't keep up with it anymore , we are also giving up our house in about 6 weeks time as huge mortgage and def can't keep up with , we already have a rental lined up , voluntary Repo.

How now received a letter from a solicitor who are issuing us with an Interim Charging Order on behalf of MBNA , I have read through plenty of fact sheets etc regarding this but my question is that my wife has received the same letter but the debt is solely in my name ! Has she just received this letter because we have a joint mortgage or can MBNA put this debt onto her ?
What kind of letter should I write to the court regarding our position as the court hearing is over 400 miles away from our house so we won't be attending.
Hope this makes some sence to someone

Thanks

fermi

It should just be because she has the legal joint interest in the property. They can't make her personally liable for your debt.

What do you want to do about the hearing? Are you contesting it?

As you are giving up the house anyway, then there may not be any point?

If for some reason you want to contest it, then you can get it moved to a local court. Otherwise......

the_brown_stuff

Thanks fermi

We are giving up the house most definately , we already have a rental property lined up for December so we have no interest in our property , don't care about our house but I do care about my wife being lumped with a charging order , if the debt can't be put onto her then that's all I needed to know .
Should I still write to the court or leave them to it ?

debt_doctor

Hi,

If you are to go BR before the hearing to decide if the interim order may be made final then that should end the process and the order should be discharged. If that is to be the case you should inform the court of your br date before the CO hearing. I know you are not interested in the house and I have no idea if it has any equity, but doing as above stops a joint 'tenancy' becoming 'tenants in common' and other complications.

DD

fermi

debt_doctor wrote: »

If you are to go BR before the hearing to decide if the interim order may be made final then that should end the process and the order should be discharged. If that is to be the case you should inform the court of your br date before the CO hearing.

Agreed. For some reason earlier I read it as the AOE final hearing was to come first. :doh: