Charging order

ninak

I have a charging order on a my property's disputed the debt, as I do I disputed the debt (another long story )took it back to court but judge decided to let it remain and could not afford to continue the fight,
Anyway I am we're I am now,have not paid any of the debt as of yet ,but am worried they will force the sale,
Can I offer to make the company payments without accepting liability for the debt ,if so does anyone have a template for this,
The debt is for £6000 ,I can only afford small repayments as I'm on a very low income approx £900 a month,
Also I have changed my name back to my maiden name since all this,and updated the deeds at landregistry ,but the charging order is in my married name,so now am I obliged to tell the creditors as the charging order is now in a different name to the property that they have a charge over.

longtermplanner

Talk to National Debtline and take their advice about whether you have any hope of challenging this debt. At this stage the answer is almost certainly no but do talk through your situation with them.

The company is less likely to try to force a sale if you are making payments.

Do you have other debts?

stevemLS

If there is a charge against your property you are long past the stage of disputing the debt.

There must have been a CCJ against you so as far as the law is concerned, the debt is proved. That is a necessary precursor to obtaining a charging order when again you would have had the opportunity to challenge the charge (but not the debt).

A charging order is merely a method of enforcing a prior judgment.

When you have repaid the debt, you will be able to remove the charge.

Sorry.

National_Debtline

Hello there,

Although charging orders are very common, orders for sale are actually very uncommon - especially in relation to residential homes. You can apply to thecourt to give yourself some protection. You have two options:

The first is that you can apply to 'vary' the charging order. This allows you to ask the court to make an affordable payment towards the order each month. Whilst you are up-to-date with the instalment it may be more difficult for the creditor to seek further enforcement against you. The application form to do this is called the n245, the fee is £50.

The second option is to apply on a form called n244 as this allows you to request instalments and also a further condition that a creditor would not be able to apply for an order for sale whilst you stick to the instalment. The application fee for this would be £155.

Hope you find this information useful,we also have a fact sheet outlining the variation process which you can findhere.

Very best wishes,

David @ National Debtline