Charging Orders

penguin83

craftingqueen wrote: »

Hi penguin83,

we have big debts,do you know how many charging orders can be put on our house.

cq

Sorry only just noticed this. Your creditors would need a ccj and you would need to be in default of the order made before they could apply for a Charging Order. There isnt a limit however to how many creditors can place a charge on your property. If you were to sell your house the charges would be paid off in order of the date they were placed on your property. Any remaining monies would then come back to you. I have seen one before now with 18 creditors including the mortgage company!

Tootsie_Roll

penguin83 wrote: »

Sorry only just noticed this. Your creditors would need a ccj and you would need to be in default of the order made before they could apply for a Charging Order.

No, no, no !

Please read my previous post - under normal circumstances they will apply for payment 'forthwith' meaning they require the full balance repaid immediately - no chance for making an arrangement to pay at all. Assuming the paperwork is all in order then the judge HAS to award the charging order unless a suitable defence is put in.

Zoe - you're still mentioning negative equity which is an incorrect term in these circumstances.

fermi

Tootsie Roll (TROLL) works (or did) for a Debt Collection Agency, so all advice given should be judged on those merits.:rolleyes:

The record of of misleading posts by this TROLL is well known on this board.

Pengin83 however works for the county court and gives genuine honest advice.

I know whose opinion I would trust.

(Wait for an indignant inaccurate response by the troll :rolleyes:).

And as expected, there it is below. Sigh......

penguin83

Tootsie, yes most creditors do apply for judgment to be made forthwith and will be made if it is a default judgment. However if an admission has been filed and an offer of repayment made it does not always follow that the judgment will be forthwith. Even if f/w judgment is made the defendant can apply at any stage to vary the order.

It is not a judge that determines the rate of repayment in the first instance but a proper officer. I always take each parties circumstances into account before making an order.

spud30

One of my creditors lied to the courts when they applied for a Charging Order.

The said in their paperwork that I had defaulted on the monthly payment amount ordered on CCJ - I have never missed a payment, before or since the CCJ was issued.

Unfortunately, I was too scared to attend court to defend the request.

Tootsie_Roll

penguin83 wrote: »

Tootsie, yes most creditors do apply for judgment to be made forthwith and will be made if it is a default judgment. However if an admission has been filed and an offer of repayment made it does not always follow that the judgment will be forthwith. Even if f/w judgment is made the defendant can apply at any stage to vary the order.

It is not a judge that determines the rate of repayment in the first instance but a proper officer. I always take each parties circumstances into account before making an order.

Penguin

Thank you for confirming my previous posts. I'm interested to know under what circumstances the defendant can apply to vary the order if the forthwith judgment has been made.

fermi

Read it and weep.

davek1

tootsie

anybody who has had any civil court order made of any type can apply to the court at any time to vary the order or indeed to have the order liftes. This is exactly what i have been saying. Your argument that paperwork is in order it follows that an order must be made doesn't hold water. Have you never heard of due process??? an interim order might be made but that doesn't mean that a full order will follow, i accept it is highly likely but not cast in stone.

Guess u have the interests of DCA's at heart and they wouldn't know due process if they fell over it.

tostao

Dead Duck Orders (charging orders) have advantages, such as frozen charges,no further enforcement action as long as you keep to the terms of an order, and to my knowlege no statutory interest has ever been successfully applied for, there is also room to challenge any penalty charges on the basis that the creditor is asking to change a high interest non secure debt into a secure debt which would normally attract a lower charge, one line of defence is to get another unsecure creditor to object to the preferential treatment,but you have more chance of winning the lottery.

craftingqueen_2

Thank you penguin83, for replying to my message.If it does happen which i expect it too,i'm prepared .

cq

Tootsie_Roll

davek1 wrote: »

tootsie

anybody who has had any civil court order made of any type can apply to the court at any time to vary the order or indeed to have the order liftes. This is exactly what i have been saying. Your argument that paperwork is in order it follows that an order must be made doesn't hold water. Have you never heard of due process??? an interim order might be made but that doesn't mean that a full order will follow, i accept it is highly likely but not cast in stone.

Guess u have the interests of DCA's at heart and they wouldn't know due process if they fell over it.

I couldn't care less what happens to the dca's, I haven't been involved with them for some time now.

I accept what you are saying about varying/lifting orders but I have asked a more specific question - under what circumstances the defendant can apply to vary the order if the forthwith judgment has been made ? The reason I asked this is I suspect that there are very few. This really backs up my point about the judge having to award the order - he has little choice in the matter. There will always be exceptions to the rule but overall I am sure this is the case.