Court Papers Received Facing Charging Order Desparate No end in sight

SWS_2

Help, as suspected Northern Rock have served Court Papers today and looks like they will force a charging order on the Property having talked to National Debtline. Looking at other posts, this is something they will do automatically and have frequently threatened to do, despite advice that a charging order could only be obtained after breaking the CCJ I have now been told a forthwith Order will be obtained instantly forcing the Charging ORder. We have been on a DMP for a year and have approx 13 other creditors with debts amounting to £102k, equity in the property is about £20k. How long before the other creditors force charging orders? Will they accept a DMP for a long period or is this something that is just temporary as far as they are concerned. Our DMP won't be paid off for another 5/6 years. Basically, are we better off trying for an IVA now. CCCS are now shut over the weekend and told us that they couldn't put a charging order on without defaulting the CCJ so having found this out I am now disallusioned with it all and am thinking sod it, sod them! Please help..

Donedoingdebt

Each company will have a different method of dealing with your debts. Some may take further action & some may not. As for the length of your DMP, 5/6 years is not unusual with many going a lot longer than that. Personally, the majority of mine were for between 8/9 years & I've had no further problems so far. These are early days for you & probably the most worrying. Try & deal with each problem one at a time & not look at the total debt as a whole as this can appear to be very daunting & overwelming.

SWS_2

Thanks, I thought I could cope with this but having spoken to the National Debtline I am not sure I can, they gave the worst case scenerio but knowing how desparate Northern Rock are for cash I think this will happen. Not really wanted I wanted to hear...

penguin83

Firstly make sure you respond to the court papers.

Just because the creditor asks for a forthwith order doesnt mean it will necessarily be granted. In your response pack that came with the claim form there should be an admission form. If you admit to the amount they are claiming you can complete this form and make an offer of payment.

If there is no admission form in your pack, can be found at the link below x

http://www.hmcourts-service.gov.uk/courtfinder/forms/n9a_0406.pdf

SWS_2

Thanks for that, I just read a previous thread that was saying that the Courts would almost certainly grant it, it didn't give me much hope.

SWS_2

just re-read that thread and I see that you know what you are talking about penguin, I just want my case to be looked at without a carte blanche order being placed. We have stuck to our dmp no missed payments and have increased payments, as I mentioned our other creditors have all accepted payments without any problems and some are owed a lot more than Northern Rock. I will of course put our case forward given the opportunity that it would be unfair on those other creditors and at the moment the papers are just in my husband's name and the property is jointly owned. I have calmed down now, but just concerned that if it got that far they would force sale. I could ask for conditions on the charging order couldn't I so that they couldn't do this?

spud30

Dont do what I did SWS.

My creditor applied for a CO, and lied, stating missed payments as the reason.

I knew we hadnt missed any payments, the CCCS confirmed we hadnt missed any payments, but I was too scared to attend court and defend my case.

I now have a CO on my property.

penguin83

If it does look like a charging order is going to be granted you can ask that the order is not to be enforced for so long as you maintain payments of x amount per month. There will be a hearing for the charging order to be made final at some point which you should attend x