what is a charging order????

mrsclecoco_2

Hi I am looking for some advice from all you lovely dfw. I have just had a blazing argument with a very jumped up man fron Nat West and am now really worried.

We have been on a DMP for just over a year with cccs. All is going great apart from Nat West. They are our biggest creditor, with us oweing £18, 537. They offered us a settlement figure of £11,000 last week but unfortunatly we aren't in a posisition to accept at the moment.
I have now recieved a letter (and phoned them) to be told they are going to proceed with a charging order for the debt.
The very unpleasent man said basically it will go to court where they will make us sell our house (we are on a morgage) to pay the debt.

cccs aren't open untill tommorow but I am very upset and worried as I have never heard of these. Can they make us sell our house??? My husband is working away and my mind is in turmoil, the kids are upset with me crying I could do with a bit of advice and a hugh hug if anyone can help please.
Many thanks Mrs c x

bank_of_slate

Hi Mrs C, huge hugs to you.
I think he was just trying to scare you into paying!
Don't let him get to you, he probably has a very small penis and wants someone to suffer for it.
...Linda xx

mrsclecoco_2

Thanks, I can't believe how rude he was, he doesn't know me from adam doesn't know the circumstancses behind our debt. His attitude was awfull it's not like i personaly owe him the money!!

MrsTinks

Have a look here for a full explanation of charging orders - in short no they can't force you to sell your home except in extreem circumstances. I also doubt they would manage to get a charging order on your house as you have been making payments and obviously are trying to repay them. Whilst this isn't guaranteed and is down to the court on the day then I would not let this guy try to bully you - you are doing everything right and I would think it highly unlikely it's anything other than scare tactics

Chin up!

DebsA_2

Hi a big hug from a newbie aren't these creditors awful - we've had a nasty call this afternoon, just what you need at the weekend. I hope all goes well for you and I agree with Bank of Slate - he probably does have a very small P*****!! I'm sure they're be lots of experts along shortly. Good luck.

fermi

It's very difficult for a creditor to get a charging order as long as you act reasonably, and its even harder for them to force a sale even if they do manage it.

But this is often used as a threat because they know that it will scare the life out of anyone who hasn't read up on them.

My understanding of it is:

The creditor would need to have obtained a County Court Judgement for the debt.

The judgement would then have needed to be "forthwith" (payable immediately) or the creditor would have to apply to have an instalment order varied to a "forthwith" one. Or alternatively they would need you to have defaulted on the instalments.

Then the creditor would need to apply for an interim and then final charging order to secure the debt on the property.
And then would have to apply to the court for a sale order, which in itself is not easy.

So, FAR from a simple process. And extremely unlikely to happen while you act reasonably. If you responded promptly and fairly in all the steps of the process the court would virtually never sell your house from under you.

See this link: Factsheet | Charging orders in the county court

kizzykizzywizzy

You get people like that I'm afraid, the only chance of feeling he has power!! I'm sure he is trying to scare you what a complete Saddo
This sort of thing always happens when you have no-one to talk to or everywhere is closed!!
I'm sorry I can't help, but someone on here will definately know what it is, I'm sure.
Try not to get too upset, or the Saddo wins!!

Wow didn't even finish & you've got an answer

hooby_groovy

This sort of the thing really annoys me!

Lets get your worries out the way first. A charging order is a last resort for banks, and basically means that if you sell your house in the future your loan will be repaid from the equity - in no way will it mean they can force you to sell your house.

To get this, they will first have to get a CCJ from you by taking you to court, on the basis that you have paid your dmp and are showing that you are making an effort will mean that the court is likely to accept your current payment, from there they can apply for a charging order.

This is simply a scare tactic and the thing that annoys me is that this person knew he would be causing considerable anguish with this threat. He also knew he should have gone through CCS. I would write to the ombudsman and launch an official complaint - it would be great if you had this persons name.

We all acknowledge that debts should be paid, but the banks have a duty to do this ethically.

My advice is not to worry, I think this is simply a scare tactic and in truth even if they do follow it through (which I don't for a moment) there is not a lot they can do if you are making the agreed payments.

Nat West are a bunch of bullying fools, my advice is to anyone with a Nat West account is to move it!

bank_of_slate

Do these psychos get a portion of the dosh if they do manage to scare you into paying it?
I can only assume that they do or are just very horrible people
...Linda xx

mrsclecoco_2

Thanks everybody you have put my mind at rest. We have never missed a payment to cccs all morgage c/tax etc has never been paid late.
He said in August i agreed to pay £13 more a month than what cccs have been paying them. I wasn't aware of this conversation and as far as i understand they have to deal with cccs anyway. Didn't get his name he refused to give it me, but i don't supose they have lots of staff working at 5.50 on a sunday when they close at 6 anyway.
I hate nat West!!!
Just spoke to my husband he is in Iraq at the moment and he's told me not to worry it will get sorted.

MrsTinks

Refusing to give his name? Hmmmm cheeky so and so! I'd send a letter of complaint and send a copy to CCCS and possibly the ombudsman too.
Don't let them bully you! You're repaying what you owe and it's not like your shirking your debts, you just can't repay them at the speed they demand but any judge worth his salt wouldn't even let them apply for the charging order as you haven't missed any payments.
Don't let it worry you!