What Do I Do Now?

BOJANGLES_4

Hi, Please can anyone here help me.

Last year we got a secondhand car on hp from a local garage,everything was sorted.
Within 2 weeks we started to have major problems ,so I refused to have the car back.
When I phoned the garage to complain ,I was told it was the finance companies problem , when I phoned the finance they said it was the garage's problem......
Anyway to cut a long story short, I had a row with the finance company, they took the car from me and sold it at auction...(and still claimed there was nothing wrong with it ). I was told I would have to pay the difference

Just before christmas we got a letter from their solicitor's saying that unless we pay in full or make an offer, they would take us to court..so I wrote back saying I offer £100 a month (the finance agreement was £98.00 a month )
I did not recieve a reply

Today I got a letter from solicitor saying its been to court and they have put a 'Interim Charging Order ' on the house :eek: :eek: what the hell is one of those ?

They have set a court date ..11 march, where it will be decided if they can put a Charging Order on my house.
Does anyone have any dealings with this sort of thing ?
I owe £2,295.31. I am not saying I wont pay ..only that I cant pay in full,
I phoned a helpline (cant remember which one ) and the guy said...

What this means is ..
Finance gets a charging order on house and accepts payment monthly
or
Finance gets charging order on house and doesnt take monthly payments, but waits for house to be sold (in this situation does it mean they will get more? ie, interest?)
or
Finance gets charging order on house and I loose my home ?

the guy on helpline thought I owed a lot more than what I do
I need some advice, as this is really worrying me
donna

davek1

HI Donna

Stop panicking. It isn't tht bad really.

First things first you can ( if you wish) ask the court to set aside the judgement as you knew nothing about it and had written to the solicitors and did not receive a reply. You can get all the forms etc you need from money claim on line. There is a fee for this.

If you don't ask for the judgement to be set aside, and you must speciffically fill in a form and pay a fee not just ask on the date of the hearing, then you should go along and ask the judge not to grant a chargeing order on the basis that you have other creditors and had tried to enter into an agreement. Another argument is that the original loan was unsecured and therefore this should remain unsecured. Having said that the likely outcome is that you will get the chargeing order put in place.

i havew a charegig order and in fact what it means is that an unsecured loan is converted to a secured one. It doesn't mean you will have to sell your house or that the lender will apply for an eviction order.

There are a number of ways that this can wortk either you start to repay an affordable amount per month which reduces the debt and at the end the charge is simply removed. Or an agreement is set in place which means you dont make monthly payments but the creditor gets their money on selling the house whenever that might be.

Take a full income and expenditure list to the court and make sure the hearing is transferred to YOUR local county court so that you can attend.

Explain the position to the judge and offer only what you can realistically afford. Ask the judge not to award any interest as mine agreed and i am paying £10 per month on a £3,000 debt.

Hope this helps

Dave