help or info regarding charging order

louiser123

hi everyone,

i just need a little help advise on my situation. drydens on behalf of creation finance credit card obtained a final charging order on 1st february, this isnt a full charge as the property is jointly owned and the debt is in my name only. so its a restriction. the debt is for £1244. i have been trying to pay this off for the past year but drydens have refused any offer of payment lower than £244 a month which they set at the ccj hearing even though my income expenditure sheet clearly showed i didnt have that left after expenses. hubby has been helping me pay it until nov then was no longer able to do so which lead to the charging order in the first place.
now what i am confused with is what actually does this mean as i have spoken to drydens and they say they will not force sale but have asked for a further offer of payment and have said they will do a full and final figure also. i explained that the amount will only be £40 a month maximum as this is all i have they have said this may be ok, so why was it not ok before??

what i would like to know is can they actually go for forced sale bearing in mind the amount is £1244 if they do will they be likely to get it . i am so angry that they were so terrible all along and simply would not accept an offer that was reasonable. and i thought it was a case of the money is repaid when and if the house is actually sold/

any help, info advise gratefully accepted

fermi

I can't imagine any judge or court agreeing to a forced sale for that amount. Would be an utterly disproportionate measure to take.

Drydens surely know this, hence their grudging acceptance that your reduced offer may be OK, or floating the idea of an F&F.

I know it's concerning, but I think you just have to keep reiterating your offer, and explaining that you cannot afford more. Plus keep paying it regardless if you can.

Then if they have an insane fit of daftness and take it further, they will then be the ones who appear to have acted unreasonably.

Tixy

They cannot go for a forced sale with it being only a restriction. Even if it was a full charging order on a house in just your name, forced sales are very very rare, and I'd imagine practically unheard of for that level of debt.

fermi

I assume you have also read this?

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court#chapter8

fermi

I thought that Tixy, but from that link.

if the debt is in your sole name and the house is in joint names, the creditor gets an ‘interest’ in the house once the charging order is made final. This means the creditor can apply to the court for an order for sale to realise their ‘interest’ in your house. All joint owners (or a married person who is not a joint owner but has an ‘interest’ in the property) should be part of the court proceedings so they can explain their case to the court as well. They should be sent notice of the hearing and be allowed to attend.

terryw

louiser123 wrote: »

hi everyone,

i just need a little help advise on my situation. drydens on behalf of creation finance credit card obtained a final charging order on 1st february, this isnt a full charge as the property is jointly owned and the debt is in my name only. so its a restriction. the debt is for £1244. i have been trying to pay this off for the past year but drydens have refused any offer of payment lower than £244 a month which they set at the ccj hearing even though my income expenditure sheet clearly showed i didnt have that left after expenses. hubby has been helping me pay it until nov then was no longer able to do so which lead to the charging order in the first place.
now what i am confused with is what actually does this mean as i have spoken to drydens and they say they will not force sale but have asked for a further offer of payment and have said they will do a full and final figure also. i explained that the amount will only be £40 a month maximum as this is all i have they have said this may be ok, so why was it not ok before??

what i would like to know is can they actually go for forced sale bearing in mind the amount is £1244 if they do will they be likely to get it . i am so angry that they were so terrible all along and simply would not accept an offer that was reasonable. and i thought it was a case of the money is repaid when and if the house is actually sold/

any help, info advise gratefully accepted

Don't worry - negligible chance of an order for sale.

Secondly, have a read of this thread:

https://forums.moneysavingexpert.com/discussion/1839539

bw

(sorry for short answer - i am dashing out)