Charging Order Hearing today!!!

Leixlip1

It's more usual for an order for payment to be made with the Charging Order - in effect it turns an unsecured debt into a secured debt.It seems to be rarer for a Charging Order being sought to force you to sell your home - the creditor has some security if you default on payments .
Have a look at the National Debt-Line site - all is explained there.

desperatelyinthered

Leixlip1 wrote: »

AMEX threatened me with a Charging Order - they initially obtained a Judgement for the whole debt which I have successfully managed to have varied to monthly payments based on an offer already made to them and I have been making those payments for the past three months.
As I undrestand it, and based on the Merantile Credit Co Ltd v Ellis case, I will need to have defaulted on the payment order for AMEX to obtain a Charging Order - I shall wait and see.

Hi, I think this depends on the CCJ - mine wanted full payment of outstanding debt forthwith, as I could not pay this I agreed a fixed monthly payment with court but as I couldn't pay in full the creditor has the right to get a charging order - yours will be ok if the judgement asked for a fixed payment rather than full balance immediately.... if that makes any sense

Brassicks

what happens if you dont own a house or car...Like me.......

craftingqueen_2

If 1 creditor put a charge on your house would'nt all your other creditors would like to do the same?

jonny_boy_4

Hi,

Glad (not really the right word) to see I am not the only one in this mess.

I have a debt with Nat West for £17000 which was from a failed business 4 years ago. I was given a ccj in my absence last year but as I had sold my then house and moved elsewhere I got no notification of it.

Just got a letter from the Nat West showing an application for a charging order which will take place in July. They must have traced me from the Land Registry and now I must deal with it. Since I did not know of the ccj I have not paid anything off the debt.

I want to pay this off monthly.

Question! Do I offer the Nat West direct payment of £200 per month and ask to have the interest frozen or do I go the charging order application hearing and offer the payment to the court???

Regards,

Jonny Boy (clueless)

bectoria_2

If you can attend your charging order hearing you should do if only to explain why you were not aware of the ccj. I'm not sure of the legality around you not being aware of it whether it could be disputed. Have a look on the CAG forum they are better at that sort of thing and if the ccj can be overturned on this basis.
Offer your monthly payments to the court so that they are set offically, that way the creditor can take no further action while you are making those payments. Make sure you take income and expenditure with you to prove that is the amount you can afford to pay.
Good luck