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Charging Orders in Northern Ireland

pepper33
pepper33 Posts: 508 Forumite
Part of the Furniture 100 Posts Combo Breaker
I have been told that Nationwide want to put a charging order on my home. I cannot see any information that applies to NI. In the mainland they have to have a CCJ against you, and then they can put a charging order on your home.
FOS also said that Nationwide are entitled to use bailiffs and harrassing you by phone and letter, and by doorstep visits.
I know for a fact this is not allowed, and we have no bailiffs in NI.

Any advice?

thanks
«13

Comments

  • donnac2558
    donnac2558 Posts: 3,640 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Go to CAB.

    There are bailiffs, but I was always under the impression it was only HM tax people who could do it and it was businesses.

    They could very well phone and hassle you or send debt collectors to your door.
  • pepper33
    pepper33 Posts: 508 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    They tried harrassing me by phone, all day every day. The OFT does not allow this,, and I got it stopped. CAB only tell you to go BR, at least that is my experience. In NI we don't have bailiffs, doorstep visits, yes, but you can treat them as trespassers and call the police. The law is definitely different here.
  • qwert_yuiop
    qwert_yuiop Posts: 3,617 Forumite
    Part of the Furniture 1,000 Posts
    Interesting- if that's so then what is the mechanism for repossessing a house in NI ? It happens often enough so it must be straightforward.

    I ask because a friend's sister has apparently not paid any mortgage in a full year (housewife with several children, husband absconded) and so far it seems nothing has happened.

    I take it you've stopped paying the mortgage, and they want the house back. What's your plan? Keep us posted if you don't mind.
    “What means that trump?” Timon of Athens by William Shakespeare
  • pepper33
    pepper33 Posts: 508 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    No nothing like that. It is a credit card bill which I have been trying my best to pay, but after two burglaries, two cars stolen, I was off sick for a year, and money was tight, and I only paid my priority bills.
    Dont know how they repossess a house, but I have always been told we are lucky because we don't have bailiffs. The poor woman, I know what its like, they hound you for payments you just don't have.
  • qwert_yuiop
    qwert_yuiop Posts: 3,617 Forumite
    Part of the Furniture 1,000 Posts
    What are you going to do?
    “What means that trump?” Timon of Athens by William Shakespeare
  • wifeforlife
    wifeforlife Posts: 2,735 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 16 July 2014 at 9:04PM
    Your right about bailiffs, none in NI.

    A charging order is done through Enforcements & Judgements Office Belfast, there are still considerable costs added.

    Can you not come to some sort of arrangement with the creditor?
  • pepper33
    pepper33 Posts: 508 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I thought I had come to an arrangement which they had accepted, and the next day I received this solicitors letter informing me of the court action. I can't afford to go to court, do Nationwide not foot the bill? It is also very humiliating as I work in the courts.:mad:
  • pepper33
    pepper33 Posts: 508 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    What are you going to do?

    I am going back to Nationwide to try and sort this out, as they know I want to pay it back, and because it would take five years, which it would have done anyway, because with charges etc, it would have been longer. Nationwide say longer than five years they cannot do that, so off to court.

    I will continue making payments, but the problem is I don't know where they are going, as they took my accounts off the internet....
  • ladeeda
    ladeeda Posts: 199 Forumite
    pepper33 wrote: »
    No nothing like that. It is a credit card bill which I have been trying my best to pay, but after two burglaries, two cars stolen, I was off sick for a year, and money was tight, and I only paid my priority bills.
    Dont know how they repossess a house, but I have always been told we are lucky because we don't have bailiffs. The poor woman, I know what its like, they hound you for payments you just don't have.

    Nationwide need to have a CCJ registered against you for the cc debt before they can take any other legal action.
    http://www.nidirect.gov.uk/enforcement-of-civil-court-orders-in-northern-ireland
  • pepper33
    pepper33 Posts: 508 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Do I actually get something to tell me this is happening, or how can they do this, as I have kept in touch with them, and also been paying them, although a token payment until I can get some sense out of them. Will have a good look at that link
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