How serious? Charging order on home.

Poppy39_2

I'm trying to get an appointment (but the phone is permanently engaged at the moment) for advice with the CAB, but thought someone on here will probably have experience of this.

I've just had a letter telling me of a court hearing in April for a 'Charging Order' on our property.

A debt went to court in November (I was in hospital and since then did nothing about it , out of mind and all that...) and this is the outcome.

Can they take our home? The debt is for £6k and there's probably about £20k max in our house (only moved in last year). They mention on the form that they know we have other debts but they don't know the amounts.

I'm having a bad, bad day but trying to remember that worse things happen.

P x

Alisonbel

We are going through the same thing with EGG, They can't take your house just their chunk if you sell or remortgage. CCCS suggested going to the hearing to put your case across. We had to send a copy of our creditors and expenditure which CCCS sent us as we are on DMP with them, think this is to show we can't pay them any more than the amount we are. I was really worried about it but think its changing it to secured debt rather than unsecured. There is nothing I can do til it goes to court,apparently. If you have a look through there was a thread about this yesterday just can't remember what the title was.
Hope this helps. Don't let the BA****DS get you down.

Try phoning CCCS they may be able to give you some advice or look on their website.

fatbelly

Alisonbel wrote:

If you have a look through there was a thread about this yesterday just can't remember what the title was.
Hope this helps..

Was this it?
http://forums.moneysavingexpert.com/showthread.html?t=376159

Poppy39_2

Thanks for this. Sounds like they probably won't take our house, but nothing is definite though

Will be getting advice but feel a little better, thank you.

P x

Jack23

Me and my husband are in this position also. Can somebody tell me what CCCS means please. I posted a thread about it last week I think, but mainly got replies referring to my daughter, whose fault it is!:rolleyes:

CLAPTON

Jack23 wrote:

Me and my husband are in this position also. Can somebody tell me what CCCS means please. I posted a thread about it last week I think, but mainly got replies referring to my daughter, whose fault it is!:rolleyes:

there are three free agencies that you can contact for free debt advice

https://www.cccs.co.uk

https://www.payplan.co.uk

https://www.nationalhelpline.co.uk

or of course you can get advice from CAB

Jack23

Thanks for your help.

aimingforadebtfreelife

From someone who has been there I have some advice:

I too was overwhelmed when N Rock took me to court and puzzled what to do or say. I left it, got a charging order which charged interest at 8% per annum which turned my unsecured loan into a secured one. I recently got talking to a solictor who advised that once the courts/creditors know you own your own house they will go for a charging order. Even when you fill in the claim form and put your offer of payment they will refuse it thus granting the charging order. Then the monthly payment will be accepted. It always, always favours the creditors.

Beware of contractural interest - even though your creditor may have stopped charging interest the courts will. I got a shock when 2 years on I enquired about redeeming an original £11,500 debt to be told the debt was now £15,500 - I was paying £10.79 a month only to be charged £100 interest a month. Get a time order if your payments are low - this will allow interest to be charged at a lower rate or stopped in some cases.

If you can attend the hearing, dont worry if case being heard in Leeds and you live in Nottingham - you can ask for it to be transferred. Say that by XXX getting a charging order may be a disadvantage over other creditors. In theory your other creditors should get a letter stating that a charging order is going ahead but rarely do so they cant contest it. Most charging orders go ahead in your absence because they feel they cant make a difference.

YOU CAN - attend and put your case forward. Good luck !!!!:T