Charging order threat

sourcrates

anyhelptaken wrote: »

as i have been on my dmp since 2009 it is fairly old

Ok, you should make a CCA request straight away, today if you can.
This is a request for a copy of the original agreement.

Taking this action will help you twofold, firstly, it will automatically put the account into dispute, so will put a hold on any legal action.

Secondly, on an account that predates April 2007, they may have trouble producing the nessessary paperwork, which may mean they can't obtain judgement against you, therefore no charging order.

sourcrates

Link here to a template letter, adapt to your situation.
Enclose a £1 cheque or postal order for the statutory fee.

https://forums.moneysavingexpert.com/discussion/709639

anyhelptaken

Thanks Ill look out the stuff for making the CCA request

anyhelptaken

just seen your next link, even better, thank you

sithemadmonkey

Just to clarify all the bits around charging orders/restrictions etc:

If they do successfully get a CCJ against you (hopefully this won't happen if they can't find an original credit agreement), they can apply for a Charging Order. Because the debt is in your sole name, and the house is in joint names, the charging order will be registered on the title register as a 'restriction', which is a little less powerful than a 'notice' (which would be what would happen if the house was in your sole name). There is not much difference between the two, and I wouldn't concern yourself with it - the most important thing to remember is that they are very unlikely to apply for, and even less likely to get, an order for sale against your house - especially if someone else is living there already. All the charging order will do is just sit on the house's title register until you (a) sell the house, or (b) pay off the debt.

Hope that helps, good luck with the CCA request!

dancingfairy

A charging order is a security blanket for the creditor. It means when you sell up they get their money. They will not enforce a sale (they technically can, but having been a member on here for many years I have never heard of this happening to anyone, and lots of people have charging orders. I'd be quite happy to put money on the fact that you will not be forced to move).
I think in theory they are meant to get their money from the sale of the house or at least be notified about the sale but there used to be a way around this (I don't know if it still exists).
If you get a ccj it seems likely that you will get a charging order but I wouldn't worry too much about it. It will likely sit there and not cause you any problems.
Obviously when the debt is paid via the dmp you would need to apply to get the charge removed or when you came to sell you would need to get it sorted which may cause a few extra hoops to jump through. It's not something I'd particularly want but it really isn't the end of the world, it's like having a cold, annoying but ultimately not life threatening.
df