CCJ and charging order

helen83

Hi,

I am on a DMP and went to court the beginning of november for santander to be given permission to apply for a charging order (restriction order as debt in my name and mortgage in both). the judge granted them the permission to apply for onebut as yet i have still not heard anything on a hearing for this. obviously i dont want to ring them as i dont want to rock the boat but i'm wondering could it possible be they have decided not to go ahead with it as my DMP has been established a year now and all payments have been made on time etc... Or does it just take a long time to process this type of thing, i'm sick of dreading the post now so any kid of advise would be appreciated.

thanks
helen

Sparklyfairy

Hi there. My ccj to ico took approx 6 weeks. Obviously the court took a few months before they could fit in my hearing. My CO hearing date & time was somewhat hidden in the ICO paperwork I received from the land registry & would have completely over looked it had it not been for me reading it a few times as I was in such a tizzy about the entire thing. Take a look again at the interim charging order paperwork, if nothing is there, you could always call your local courts & ask if anything has been arranged since your hearing & you can also call the Land Registry to ask or you could pay something like £14 to see if there are any charges on the house through the LR website. I agree with you - don't call your creditor's solicitors...best to let sleeping dogs lie! x

Edited to add that it's unlikely Santander are having a change of heart about this, unfortunately - best bet would be to call the courts or LR & ask if one was made. When my final charging order paperwork came it was in a normal envelope with only 1 A4 sheet just confirming it was made final, so no bulky envelopes.

helen83

thanks sparkly i've had no paperwork or correspondance since the court date on 14th november which is why i'm starting to think they may of had a change of heart??? x Definately no ico paperwork

helen83

just a quick update, rang the court and so far they havn't applied to the court for any other form of reinforcement so fingers crossed they decide not to take it any further xx

Sparklyfairy

Really, ok I just assumed you had an ICO hearing as per this:

helen83 wrote: »

I am on a DMP and went to court the beginning of november for santander to be given permission to apply for a charging order (restriction order as debt in my name and mortgage in both). the judge granted them the permission to apply for onebut as yet i have still not heard anything on a hearing for this.

What was the hearing for then? If they haven't applied that's good, but they could do at any time..lets hope they lose your paperwork! :T

helen83

sorry sparkly that was my redetermination hearing!! i only realised when i got the paperwork back out and here's hoping the do forget about taking it back to apply for a chatging order

Sparklyfairy

Oh ok that makes sense now! Yes, I'm hoping they are sloppy account holders & their IT systems lose it all for you (& me as our mortgage is with them!) But yes, IF they do get around to applying for a charging order, it will only amount to a restriction (which is utterly worthless!=))