Creditor placed charging order before BR demanding payment.

WhiteRoses_2

Hi everyone, I went BR in March of this year. Following the BR and OR interview, I have no had any problem so to speak until recently, when my former advisor contacted me. He said that a creditor of mine contacted his company chasing payment so he told them I had become BR in March. They said they did not care and have placed a final charging order on my property (which is interest only mortgage and around 10,000 in negative equity). The credit I had was not a secured loan, so I am aghast at how they can do this? I have not spoken to my OR yet about this, nor have they contacted me. I am not sure what is happening now, as my OR said they would look at the property again in 3 years 3 months back in March and I could stay here. The property I have is cheap (very small and old) and to rent would cost more. I feel sick to my stomach with worry over this. I feel like I am in prison, I can not afford to live some where else as my income is low right now yet this creditor is demanding the money from an account that was part of my BR. Can any one pls help me in what I need to do or what the possible outcome will be? How much clout do they have? I told my OR about the land registry charging order in March and they said they would ask them to remove it?

JCS1

Check the dates carefully, did they get a final charging order before or after the date of your BR? Ignore any interim charing order as a BR cancels that.

fermi

Assuming they are telling the truth, do you know when the charging order was made final?

Were you aware of a CCJ for this debt? Or any other court papers/proceedings?

WhiteRoses wrote: »

I told my OR about the land registry charging order in March and they said they would ask them to remove it?

An interim order at that point?

If there has been a charging order made final after your BR date, then you should have a good chance of getting that removed.

Bettie

did you not go to court to defend the CO? It's not an interim one is it?

WhiteRoses_2

Hi Bettie and Fermi, thanks for your reply. The order on the land registry was a few months before the BR, I will find the p/w for the date on that. I have had only ONE letter on this matter, which I informed the OR about in March. I will check it out and write back soon, thank you so much for replying I am really sick over this. Roses.

WhiteRoses_2

Oh and no I did not go to court as I knew nothing about it until I had a letter from the land registry about it before my BR.

WhiteRoses_2

OK, cannot find the land registry letter about creditor charging order. I only had one of these. Since BR, I had two letters from Land registry, B10 and B11 forms about the BR and the trustee being my OR. I will have to phone the land registry tomorrow and see if they can help me establish if the notice was interim or final. I was not given any opportunity to fight the creditor, I just got a letter one day from the land registry. I will write back wehn I know more, thanks everyone, my stomach is in knots. I guess I will be living hand to mouth for years even working. I feel trapped and a tad sick.

WhiteRoses_2

Thanks to JCS1, I did not see your post initially.

fermi

Still very confusing what you are saying.

However, I would maybe be contacting the court concerned to see if there were any notices of a final CO or hearing sent out that you have missed, sent to a different address etc. Plus obviously a confirmation on what date any CO was made final.

Once it's known whether there was correspondence or hearing that were missed, and when they were, then it will be easier for us or the OR to work out what the next step if any might be.

WhiteRoses_2

Don't mean to be confusing, maybe it's stress, sorry.

fermi

No need to be sorry. Most people never expect to have to deal with stuff like this.

If you can work out from the land registry and/or court what exactly has happened and when, then we can try to work out what can be done.