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

indielad1010

Yes, but you can contest whether the interim charging order is made final or dismissed. I have waited 4 months now to get a hearing. I've heard reports where interim charging orders are just left. There are rules for obtaining a final charging order, not just a CCJ. You might believe they are suitable to enforce small debt amounts, but the judge might not.

AdrianC

indielad1010 wrote: »

Yes, but you can contest whether the interim charging order is made final or dismissed. I have waited 4 months now to get a hearing. I've heard reports where interim charging orders are just left. There are rules for obtaining a final charging order, not just a CCJ. You might believe they are suitable to enforce small debt amounts, but the judge might not.

Can you please confirm whether there has or has not been a CCJ?

I'm reading this post as trying very hard to avoid answering directly, while tacitly admitting that there has.

If there has, then that was the time to dispute the validity of the debt. Now, it's just about how that debt is actually enforced. I see no great issue in a charging order being sought or granted, no matter how trivial you feel your debt is. If it really is that small, just pay it. If it's large enough that you can't, then a charge seems a perfectly sensible way of dealing with it.

G_M

AdrianC wrote: »

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.

so has there been a CCJ?


Has the debt itself been confirmed or is that in dispute via the court as well as the (interim) charging order?

indielad1010

The water comapny won the CCJ as I was in hospital and couldn't contest it. Now I'm not looking for people to tell me whether I should pay the debt or not and act as a judge or jury with little background knowledge. If there wasn't a case for people to contest the interim charging order it wouldn't exist for people to do it. The water board is refusing paying in installments, with the judge with information to hand can judge whether the charge is appropiate, and what is fair, it it is not for you to dictate this.

AdrianC

indielad1010 wrote: »

The water comapny won the CCJ

Thank you for confirming that.

as I was in hospital and couldn't contest it.

Even in writing? Have you considered applying to get that default judgement set aside?

If there wasn't a case for people to contest the interim charging order it wouldn't exist for people to do it.

Indeed. But, unless you apply to get the CCJ set aside, the existence of the debt is an agreed fact. The ICO and hearing to finalise it are ONLY about whether a charging order is the correct way to get you to pay.

The water board is refusing paying in installments

If it really is such a trivially small amount as you portray, then that doesn't seem inappropriate.

with the judge with information to hand can judge whether the charge is appropiate, and what is fair

Correct. If you are unable to pay now, then surely having the debt deferred until the property is sold is a fair way to deal with it?

it it is not for you to dictate this.

I'm not doing so.

Either way, it doesn't seem that this is one for the housing board. The charging order is just part of the progression of the unaddressed debt. This is for one of the debt boards - although I'm not sure which. It doesn't appear to be DFW, and it doesn't appear to be Bankruptcy/IVA/DRO territory. Could an admin move it?

indielad1010

Adrain C as I'm awae at interim charging order stage the water board doesn't get the debt paid in full, they've only registered an interest. That means they can stop the house being sold and therefore there is no equity to pay them,or if they let me sell the house, I would not be obliged to pay them back. SO that is stalemate.. At final charging order stage, the judge can either decide to let me pay in installments and discharge the order, or make the order final where they get paid in full with the equitry. At interim stage NEITHER can happen.

Tom99

Since you say the debt is 5yrs old the CCJ will still show on your credit file so you can check that by signing up to one of the free services or pay £6 to check the official record of CCJ here:
https://search.trustonline.org.uk/Search/Person
As said there must be a CCJ for the interim charging order to be granted.

bouicca21

the judge with information to hand can judge whether the charge is appropiate, and what is fair, it it is not for you to dictate this

It is very difficult for anyone to advise when essential information is not provided.



So, you have a CCJ which presumably you accept is for a valid debt since you are prepared to pay by instalments. Have you applied for a variation of the order to permit payment by instalments?



If you do not accept it is valid then you should apply for a set aside order.


As and when you sell your house the debt will be paid from the proceeds. Though tbh I have difficulty in reconciling the statement that it is a small debt with your request to pay by instalments. Surely instalments are only necessary for a large debt? If it really is small and you have been putting money aside to pay it, why not just pay it off?

indielad1010

I don't think you are aware of the differeneces of an interim charging order and a final charging order. The debt is not secured and If I sell my house the water board are not compensated with any equity. They can only register an interest. WHat we need is a judge to state how the debt is fairly enforced and how it is applied. The Water board are not allowing this. However, the advice to set the CCJ aside may be more appropiate, though it might be too late now.

snilloct1957

Is this a case where OFWAT or the Ombudsman should be involved?