Charging Order threat

eyeopener2

The only person who can issue a ccj is a judge, not some no Mark car salesman or a solicitor. Nasty people.

Have your day in court, with advice from here or the consumer action group, or legal beagles forums (search around Google for them, they are all top notch for fighting court cases) and see what happens.

The judge may accept your offer of payment and if you stick to that, as the others have said, nothing is going to happen to your house.

LisaB1970

Thanks everyone. I guess ill justsit and wait for the letter about the CCJ. She said i would be hearing something in 7 days

[Deleted User]

LisaB1970 wrote: »

Today i received a solicitors letter telling me to pay the £4k in full or they would issue a CCJ against me.

Solicitors don't (and can't) issue CCJs.

Only Courts can, hence the name, County Court Judgement.

AndyLGR

Even if they applied for a charging order you will get the chance to contest it, as the dept (is it the land registry ?), concerned will send you a letter and you can say why you don't think they should be allowed the charging order.

fatbelly

LisaB1970 wrote: »

Thanks everyone. I guess ill justsit and wait for the letter about the CCJ. She said i would be hearing something in 7 days

The next stage (if they do what they say they are going to) is a court claim from a court. Larger creditors usually use Northampton Court.

There's no reason why you shouldn't already let them know you're putting up a fight and do what I suggested in my last post.

ValHaller

LisaB1970 wrote: »

and they were going to put a charging order on my home. The house is jointly owned by myself and my ex husband and there are 3 children living in the home. My son is 18 and at college so he is financially dependant on me and i have 2 other children of 13 and 14. I had a letter from a solicitor today saying they intended to get a CCJ and then a charging order. I called them and the lady said thatif i couldnt pay the £4k then they would proceed and i would be slapped with a CO.

As already stated, they should not be able to get a charging order if any other person jointly owning the home was not a party to the original financial transaction. The thread referred to by RAS is https://forums.moneysavingexpert.com/discussion/1839539 and you will see that the most they can get is a 'restriction'.

The other thing to say is that in my book, the 'lady' at the lender's solicitor's office was giving you legal advice when she told you that you would be slapped with a Charging Order. Never take legal advice from your opponent's solicitor seriously. They are not obliged to tell you anything you can rely on.

eggbox

They will be able to get a Charging Order (if they manage to get a CCJ on the debt) but they can't get one charged against your property (or Land) as they would if you solely owned the property. It would be against your "Beneficial Interest" in the property (your share of the equity) and this is then recorded on the Land Registry by means of a "Restriction".

But DO take up Ras's suggestion and read the thread "Charging Order the Myth" as it explains why the CO on Beneficial Interest can be very ineffectual for the creditor and it will put your mind at rest.

The threats you have had, unfortunately, reflect that your creditor is fairly shabby (and who really should be taken to task given you have voluntarily given the car back and also made a voluntary offer of repayment) but they are fairly standard form designed to panic you into paying up.

But Court action takes time, effort and money so I would leave them in no doubt about your circumstances and that what you have offered IS definitely all you can afford at the moment. You might need to over egg the pudding on this fact but your aim is to get them defer going for a CCJ as without that there can be no CO.

eyeopener2

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