interim charging order and ex partners home

catman90

Good Morning all

I am currently with Stepchange on DMP, back in July one of my creditors gained a CCJ against me, I applied for re-determination as the amount requested by instalments was far too high, This morning I received a letter from my local court with in a interim charging order and a summons date with the re-determination taking place on the same day.
Now this is the bit that gets complicated,
The property for the interim charging order is my ex partners home, back in November 2006 I raked up debts of approx. £28000 (I should have learnt my lesson back then) and he agreed to re-mortgage his home with my name on to help clear the debts, but in 2009 I moved out as the relationship had finished at the end of 2008, As agreement I said would continue to pay so much per month towards the mortgage until the fix rate ends in Dec 2013 and my name would be removed from the mortgage, as I thought it would be unfair for him to lose his home for which he had done something for me.
I don’t actually have any interest in assets of his home, but I am worried that this charging order may go ahead.
The creditor in question is one of my lower debts, and neither of my other creditors have threatened legal action, and 3 of them which is more than the debt in question are currently very happy with receiving my current payment.

Thanking you in advance for any replies

dancingfairy

o.K so you and your ex have a joint mortgage on the property (to pay off your debts).
I can't see them forcing a sale. The point of a charging order is that when the property is sold they would get their money from your share of profit.
Your ex should get legal advice and turn up in court and challenge this.
I'm not too sure whether you can challenge this and prove you have no interest in the mortgage/property (a bit hard when you are paying towards it).
I would phone National Debtline or StepChange. Another option is to go to your Local Cab and see if they have any local legal contacts who can advise you.
Best of Luck
df

catman90

I don't know if this would be of help in my defense. but my ex had already owned the house for some years before we meet, and i still lived at the time with my parents until 2006, and when i was added to the name of the mortgage, the current morgage was only £35k, and was remortgaged to £85k.

But as the fixed rate is ending soon my name was coming off the mortgage.

Tixy

Its possible to be named on a mortgage but not a legal owner of the house - are you definitely named on the title deeds? and are you named as joint tenants or tenants in common (and if in common then what is your share of the property).

This is likely worth a read http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

Some good reasons to use to defend agains this are listed on there.

Also its worth mentioning that as the property is jointly owned then it would't be a full charging order on the property it would simply be a restriction. Which is different and means there is no possibility of a forced sale.

catman90

I am not sure if my name is on the title deeds, but assuming the mortgage being with a high street bank.

My ex has just dropped a letter with my name on the envelope, but it's exactly the same letter I received my with the interim charging order, I am correct in thinking that this should have been addressed to him instead ? Also should the notice state both our names or just mine ? I am starting to think the creditor has not done a land register search ,

Tixy

I would suggest you check for certain if you are on the deeds. You can get a copy of them from the land registry website (£4 I think).

Land_Registry

Tixy wrote: »

I would suggest you check for certain if you are on the deeds. You can get a copy of them from the land registry website (£4 I think).

£3 Tixy at present - a copy of the register is all you should need to confirm ownership details

ValHaller

I believe that the relevant thread is this https://forums.moneysavingexpert.com/discussion/1839539
(Charging Order? The myth)

Although the ex agreed to help you out, AIUI, he is not a party to the debt which is causing the current problem - and it is not the remortgage which is the issue.

In summary, it would not be equitable for your creditor to place a charging order on assets belonging in part to someone who is not party to the debt giving rise to a charging order. In essence this gives the creditor the power to block the sale until the debt is settled, effectively making your ex pay them off.

The most they should be able to get is a Restriction, which should not block a sale but would ensure that the creditor is paid from your share of any equity in the house.

Effectively your share in the equity of the property is negative, since your only obligation is to pay your ex after which you have no interest in the property. It would be extraordinarily helpful if there is any documentation of the arrangement with your ex, because this will show that as well as a Charging Order not being appropriate, also there is absolutely no benefit to the creditor in even having a restriction.

Remember that you and your ex need to argue these points strongly in pre hearing correspondence

• A charging order is inappropriate because the asset is owned by someone who is not a party to the debt
• A restriction is also inappropriate because your interest in the property is negative.