Charging Orders/Restrictions

getmeouttahere

I recently received two court claims, one from 1st Credit for an outstanding debt to Littlewoods and one for Nationwide. The DCA in charge of the Nationwide debt has apparently filed for a charging order 'restriction' on my home, and 1st Credit have threatened to do the same.

I am waiting for some help from StepChange in dealing with the main issue, however, what I want to know, is should I have received anything from the court notifying me of the application for a charging order?

sourcrates

Hi,

If your creditor applies for a charging order, the creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house
If the court agrees that you own a share of the property and a charging order is allowed under the rules, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379.
These show the reasons they've applied.

A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form

These forms are issued without a hearing. But they'll give you a date that you need to go to court to decide if a final charging order will be set. The hearing will be at least 21 days away.

getmeouttahere

Thanks for that. The only thing I have received is a 'Notice to a registered proprietor of an application to register a restriction against the land - B136(CO). I've not received any other correspondence since the CCJ. I have also been writing to the DCA offering a monthly token payment but they've not bothered relying.

Should I contact the court or the DCA to complain?

National_Debtline

You can try and informally negotiate with the DCA but they are not required to negotiate with you in this way if they now have a CCJ. The original [CCJ paperwork should have specified the repayment terms of the debt (if they set the judgement to be paid forthwith i.e. all in one go then I understand why you trying to informally negotiate).

However, I would suggest you apply to the court to vary the order. Do this on an N245 form and show what you can afford (even if that is only £1per month). The court can then decide on the new instalments. These instalments should be applied to the Charging Order and as long as they are maintained that should stop the creditor taking any further action.


Laura
@natdebtline