How to object to charging order application?

Snork-Maiden

Hi. I have read about this issue but I'm still in need of a little help and advice as I don't know where to turn. I'd be extremely grateful for any advice please.
I defended claim but my defence failed and a judgement was entered against me with the order to pay (£8k) forthwith. I submitted a form (N245?) to request payment by instalment. That was filed on 9th December 2016 at my local county court. I have not received a response from the court or the claimant with regards to the offer made.
Yesterday my partner and I received notifications from Land Registry of an application for a restriction. The property is owned (mortgaged) 50/50.
1. The judgement was made by a district judge at my local county court but this application is via money claim online. Is that correct procedure or should they have applied to the same court?
2. The debt is solely mine. How should my partner respond? Is there a form he should submit or does he need to write a letter saying he objects as it's not his debt?
3. I did not receive any notification before now with regards an interim order which this letter from Land Registry says has been granted already. Should I have been sent something from the court or the claimant?
4. This is not my only debt (and the same debt collection agency have told me they would not seek legal action on another debt due to my financial situation - and yet they're really coming down on me on this one). How likely would a defence succeed on the grounds of an order being unfair on other creditors?
5. I've been treading water whilst saving to petition my own bankruptcy. Would bankruptcy now stop any final order being granted or is it too late? I have until 27th Jan to object to the order.
Just to add... I've previously tried entering into an IVA... twice. The first time it was rejected by my largest creditor and the second was a joint IVA proposal with my partner but the repayments were not affordable. The insolvency practitioners advice was bankruptcy.
Lastly, do I need to chase the court about my application to pay by instalment? I sent the form by recorded delivery and know it was signed for on 9th Dec and the cheque payment was taken on the same day.
Apologies for such a long post.
Any help or info would be fantastic as I'm in a bit of a state over this. My partner suffers with depression and severe anxiety so he is not fairing too well with this either.
Thank you.

fatbelly

Have a look at the National Debtline factsheet

https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtchargingorders/chargingorderadvice.aspx

There are a number of arguments you can make though, as the factsheet admits, in practice it is difficult to stop an interim order going final.

Bankruptcy would only have had an effect prior to the interim order.

In your situation there is a vanishingly small chance of an order for sale. If the creditor is planning another form of enforcement then the N245 application should stop that. But it does not stop the charging order and in many cases the creditor is happy to just let the debt sit there secured on the property.

Have you read up about the effect of bankruptcy on you and your property? Do you have equity in it? Can you be confident there will be no equity in it in 3 years time? It appears you are getting your advice from an IVA provider and the advice so far (IVA X 2) has not been successful. As an IVA is bankruptcy for someone trying to protect an asset it worries me that the advice would flip from IVA to bankruptcy so rapidly. National Debtline can be relied on for impartial advice as they are not trying to sell you anything.

sourcrates

Big, long thread on charging orders here :

https://forums.moneysavingexpert.com/discussion/1839539

if you have a few days spare to read it all, theses some useful info in there.