Charging Order

Pere_Ubu

I have posted before about charging orders and asset link which has been resolved.The situation now is that my husband and I are separated the house is owned as tenants in common because I owned a house before I married him we bought this one and decided on 95% 5% tenants in common. He is now being chased for a mortgage he had years ago with the halifax. The ins and out of that can't concern me as I have me and the children to think about. This morning charging order papers were sent to him at my address and an interim charging order has been granted against this address. I knew nothing about this. I will be going to see CAB next week but just wanted some advice/assurance to get me through the weekend. The full charging order hearing is to take place in Manchester I live south east. Can this be moved?What power do I have to stop the charing order considering his 5% ownership of the property would be negligable as their is a secured loan already against the property.With the limited info. above what does my future look like bearing in mind I have children and the home is tenants in common. If anyone else has had a similar experience please outline to me what the result was. I prefer you guys to be blunt as I need to know what the outcome could be.It should be illegal to send out such documents to be receieved at weekends!!!

Pere_Ubu

Does anyone have any advice please

SWS_2

I can't help you I'm afraid only I believe you can ask for the hearing to be in your Local court, I phoned National Debtline as I had papers for a CCJ and I know I will be getting a Charging Order through shortly. Try them if you need some assurance, they tell it like it is. I agree about papers coming through at weekends, mine came yesterday but by the time I got home from work there wasnt any help available so you stew all weekend, I'm sure they do it for the purpose. Sorry not to be much help but you will be able to have the hearing locally, my court papers came from Newcastle and I am in East Anglia, National Debtline told me you can apply to a local court.

Pere_Ubu

First thing monday morning I telephned the court, CCS they refused to talk/discuss or give advice because the debt is my husbands. I explained to them that it affects my home but they refused to discuss it with me. I understand Data Protection but I have an interest here too. I need to protect my home I have 3 young children.Is there nothing I am allowed to do? This is a mortgage debt with the Halifax Not sure how old it is but I met my husband 8 years ago and the debt was realised by then. I read somewhere that the halifax had agreed not to chase mortgage debt after 6 years. Is this true? When do these times start to run? Any advice you guys can give would be appreciated. I can't belive that I am expected to sit back and let this happen because of the Data Protection Act. My husband is not dealing with it he buries his head in the sand so its up to me to do what I can to protect my home.For information I own the house 95% he 5% under tenants in common. I owned house before him and the money from the sale of that house was put own on this one. Can the Halifax increase his share to realise his debt? My husband does maintain me and the children.

lesley1960

bumping this up

silvercar

Found this:

"The Council of Mortgage Lenders (CML) announced a directive which came in to force on the 11 Feb 2000. Under this directive those that have not been contacted by the lender for more that 6 years from the date of the sale of the property will now not have to repay their mortgage shortfall debt. Unfortunately this is a voluntary code and applies only to new cases and not those with existing shortfall debt repayments or where the lender has already started recovery procedures. "

Pere_Ubu

Does started recovery mean issuing court proceedings or simply writing a letter asking for the money? Where am I left re the exisiting charging order going through? Thanks