Creditor left interim charging and unilateral notice on my title deeds.

indielad1010

A water company obtained an interim charging order on my property for an old outstanding debt from 5 years ago and also an unilateral notice. I decided to contest the charge as the debt is very small for a charging order to be appropiate, I'm disabled, and the debt is very old. I also wrote to the water company stating my reason for contestation, who responded by stating they thought the charge was appropiate, but offered no resoloution of how to proceed except paying the debt in full When I contested the interim charging order, I was expecting some hearing off a judge where I could put my case to remove it or it would be made a final order. However, after a few months nothing has happened! IT seems the water company are happy to leave it as an interim charging order in case the judge does decide in my favour to dismiss the charge. I wish to sell my house in a few months with this interim charging order hovering over me, which I can't seem to do anything about?

G_M

You have a debt.
The creditor tookyou to court and you lost.
The court placed a Charge on your property to ensure the debt is eventually paid if/when you sell.
You now wish to sell.
You need to pay the debt.


The size of the debt, and your disability, are irrelevant.

indielad1010

I have not lost the court case. I am waiting for the court case to contest it.

G_M

So how was the Charge placed on the property?


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

indielad1010

This is an interim charging order, not a final one. I have contested the interim charging order. To be made final you need a court hearing decided by a CCJ judge. It's irrelevant if you think I will win it or not. The water company seem happy to leave the interim order and not proceed in case they lose the case.

AdrianC

indielad1010 wrote: »

A water company obtained an interim charging order on my property

indielad1010 wrote: »

I have not lost the court case. I am waiting for the court case to contest it.

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/#h-what-is-a-charging-order

The court has granted the interim order. Have they set the date for the final hearing?

Has there really not been any previous case, which you lost, leading to a CCJ being enforced via the interim charging order?

indielad1010

No I've been waiting 4 months for a court hearing to contest the interim charging order. It seems the Water company are reluctant to proceed, perfering to leave an interim charging order, where they don't have to prove whether a charge is appropiate.

G_M

well according to the link I provided above, the interim charging order, follows a CCJ.


Has there not been a court heaing at all? With or without your presence? Possibly without your knowledge somehow?

AdrianC

indielad1010 wrote: »

AdrianC wrote: »

Has there really not been any previous case, which you lost, leading to a CCJ being enforced via the interim charging order?

No I've been waiting 4 months for a court hearing to contest the interim charging order. It seems the Water company are reluctant to proceed, perfering to leave an interim charging order, where they don't have to prove whether a charge is appropiate.

No, before the ICO. You are now waiting for the court date for the ICO to become a FCO.

There's usually a CCJ before that, so the debt is already confirmed by the court - the ICO is merely enabling it to be reclaimed.

Yalpsmol

Is it 2 months since the ICO or 2 months since you wrote to water company and court to contest (I know those things may have been close together)? Has there been acknowledgment of your response?

Yalpsmol

Sorry 4 months. I read as 2 for some reason!