terrified awaiting charging order hearing

helen83

I owe santander £7,448 for a car loan 4yrs ago. i enetered into my DMP last march and have never missed a payment. however santander applied for ccj last august. i attended the hearing in november where a forthwidth order was granted and tbh i though that was the last i'd hear as it was so long ago.

i have just received an interim charging order in the post this morning and have to attend the hearing 4th july!! I'm absolutely terrified i'm going to loose my home i have 3 children aged 4,4,2 and the debt is in my name and house is in joint names with my husband. Please help any advice at all would be appreciated!!

i should also add that the dmp is currently for 15years

sistafromanothermista

Hi i have no advice but just wanted to send you some
Try no to worry as i'm sure it's not as bad as it seems.

Mrs_Arcanum

Make sure you attend and send the relevant budget sheet to the court beforehand. If you show you are making regular payments and have not tried to avoid paying as much as you can afford you should be fine. Also allowance is made for any children.

I have a charge registered on my half of the jointly owned property. They have to back to court again to get leave to then go back to the court to have the charging order enforced. If you do not miss a payment the judge will take a very dim view of any creditor trying this on for a relatively small sum.

All the charging order does is in effect turn a unsecured loan into a secured loan and unfortunately whack costs on top.

Verbatim

There's a thread on here about charging orders but I can't find the link. If I remember correctly it is possible to stop a charging order being placed on a property which is jointly owned when the debt is in only one name.

Verbatim

I still can't find the thread but it's called "Charging orders, the myth", I think.

SEASHELL

Verbatim wrote: »

I still can't find the thread but it's called "Charging orders, the myth", I think.

I think this is the thread you're referring to https://forums.moneysavingexpert.com/discussion/1839539

SEASHELL

I was a bit slow OP. I see that you found it

helen83

thanks everyone what i really want to know is how likely am i to loose my house and them force the sale?? i have no plans to sell in the future anyway as i couldn't get another mortgage coz of the debt, i don't want to end up homeless with 3 children!

gizmo111

helen83 wrote: »

thanks everyone what i really want to know is how likely am i to loose my house and them force the sale?? i have no plans to sell in the future anyway as i couldn't get another mortgage coz of the debt, i don't want to end up homeless with 3 children!

As long as you make payments as agreed by the court there is no chance you will lose your home.

helen83

gizmo111 wrote: »

As long as you make payments as agreed by the court there is no chance you will lose your home.

i have been and never missed a payment even when my finances dropped a bit (although i cant prove this) but i still worry santander will try and force the sale of the house

eyeopener2

It won't happen, although it could, why would a court enforce the sale of a house for £7k? Especially where children are living, it makes no sense. But then the greedy scum bag banks don't care about people it would seem.

The charging order is there (apart from being the usual scum bag banks throwing their weight around making life as difficult as possible for people and lining lawyers pockets) to make sure they get their cut if you don't pay. Oh and for some reason they want to increase your debt, just for the fun of it it seems.

After that they come for you, your children and anything else they can squeeze money out of to make humanity an even worse place than it already is**

**this last bit isn't true.

Have a read of this

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

Especially the bit where case law says you shouldn't have a charging order granted if you haven't missed a payment (although forthwith judgements can let them ). Speak to National Debtline and formulate a defence.