Property Charging Order

elvis_girl

Reading some of the posts on here, I was wondering, is this correct that anyone you owe money to can put a charge on your property?

Bruce_Lee

Yes, people can put a charging order on your property if you owe money.

I have a relative, it is a long story, took her emplyer to court, her local council, and lost. The court have put a charging order on her house to make sure the legal fees are all paid.

This relative of mine has been so unfairly treated has now made her ill. She is looking for a professional solicitor or barrister who could point her in the right direction, yo bend the rules and see if there is a way round a charging order.

I have put this topic on this discussion board, and only 2 replies, sorry this is very disappointing. I have posted lots of help topics on other web sites to help people with computers and welfare benefits, now i need the help, not geeting it. Don`t think i will bother any more.

You probably read my posting on this web site and now concerned, perhaps someone will help us soon.

Paul

jonesMUFCforever

I think you need professional help and the first port of call should be the CAB.
Please find the nearest one in the phone book and make an appointment.
Eric

Xbigman

Briefly.

Only if you owe over 5k (but that can include interest and charges).
Only if you ignore a court hearing and then don't honour a CCJ.

Solution if you can't pay = go to court when they apply for a CCJ with a budget drawn up and show the court what you can afford to pay. The court should order you to make a payment you can afford. As long as you pay it you are safe.

If you have a specific circumstance in mind then post more details for a more in depth reply.
Regards




X

Bruce_Lee

Hi,

With all due respect,

It annoys me when people reply to my forums, go and see the CAB, a solicitor or a barrister. She has done all this, no one wants to know, especially if you are up against your local coucil with lots and lots of public money behind them.

What she wants to do is play them at their own game, play dirty, and if there is a way round a property charging order.

Thanks

Paul

Bruce_Lee

Hi, xbigman,

Sorry, about the last posting, you posted it before i replied to the last posting.

It is a specific circumance and very complicated.

Sorry, elvisgirl,

I know this is your posting, but i can`t find mine, still looking for it.

Paul

jonesMUFCforever

Bruce_Lee wrote:

Hi,

With all due respect,

It annoys me when people reply to my forums, go and see the CAB, a solicitor or a barrister. She has done all this, no one wants to know, especially if you are up against your local coucil with lots and lots of public money behind them.

What she wants to do is play them at their own game, play dirty, and if there is a way round a property charging order.

Thanks

Paul

In a word NO! If you have gone through CAB solicitor and barrister and they think you don't have a case then GIVE UP NOW before you drown in debt. Accept the charging order;that will have no effect on her day to day living until she decides to sell.
I have no doubt you could well find a solicitor to take her case on but I will bet that he will only do so once you have paid him a retainer and the bills will keep on coming until the end, when the alternative will be bankruptcy - she will lose the house then anyway.
If you don't like the answers given don't ask especially as these forums are free.
Eric

Bossyboots

There is another thread here someone as well with a link to the Court Service website and a precis of the process.

To get to the position of a charging order on a property, as has been pointed out a court order has to have been made in favour of the creditor. Papers for the hearing will have been served and the debtor should have filed a defence or attended the hearing with their budget and make an instalment offer. The courts seem to always grant payment by instalments based on a person's budget.

If payment is defaulted, even by missing one instalment the creditor can apply for a charging order. Again, notice has to be served and the home owner has the chance to raise objections at court to the order being made.

If the order is made, then subsequently the creditor can apply for an order for sale to recover their money or apply to have the debtor declared bankrupt. The home owner has the right to object to the making of an order for sale.

There should have been several chances therefore to avoid getting to the charging order stage in the first place.

I agree with Eric that if no-one is willing to take her case on then as far as I can see, the only way to get round a charging order is to pay the debt.

People on here are always willing to help Bruce but if you are not prepared to give sufficient detail/background you are going to get what appear to be stock answers. You are also going to get peoples' backs up with the tone of your posts. Chill out and give people a chance to help you.

You do need to give more information though if you want informed answers. I saw your earlier post and did not respond there as you had been given the info you appeared to need at the time.

Edinburghlass_2

edited post as BB has said it all

Bruce_Lee

Hi bossyboots,

I agree with Eric that if no-one is willing to take her case on then as far as I can see, the only way to get round a charging order is to pay the debt.

People on here are always willing to help Bruce but if you are not prepared to give sufficient detail/background you are going to get what appear to be stock answers. You are also going to get peoples' backs up with the tone of your posts. Chill out and give people a chance to help you.

Yes, i agree, sorry about the last posting, i should have known better.

The reason why the CAB can`t help, or a solicitor or barrister don`t want to take my relative `s case on is because she is sueing her local coucil. She used to work for the council as a resident warden. Everyday she was threatened by drug addicts and bullied by council housing officers and housing benefit fraud was going on. She was told to keep her mouth shut and get on with the job and this made her very ill. The case did go to court, and two housing officers in the dock committed pergery, and one of them got promoted in his job soon afterwards. Not sure about the judge, the councils barrister and my relative`s barrister, beleive it or not was chosen for her.
The coucil have lots and lots of public money behind them and they will win at all costs because the council did not want to expose housing benefit fraud going on.

Hi ejones,

If you don't like the answers given don't ask especially as these forums are free.
Eric

I did put "with or due respect", and i did not mean to cause any offence. Please don`t take this the wrong way, i am not having another dig at you.

I have no doubt you could well find a solicitor to take her case on but I will bet that he will only do so once you have paid him a retainer and the bills will keep on coming until the end, when the alternative will be bankruptcy In other words, the solicitor will milk the system for what he/she can get.

I liked what you put,

`what goes around - comes around` Maybe this may happen to the council emplyees who committed perjury at the triall and leave and then they will know hoe my relative feels.

Thanks guys for your help, i will put your suggestions to her tomorrow and let her decide what she wants to do next.

Paul

Bossyboots

Actually, you might be surprised how many solicitors and barristers relish taking on local authorities but they do have to weigh up whether any benefit to their client will justify the costs involved to the client. Also, whether the client would be able to pay the other side's costs should it all go wrong. There is never any guarantee that you will get your costs paid if you start an action so any legal professional must tread warily in circumstances like this. If a judgement has already been made, it would only be possible to overturn it by presenting fresh evidence of facts. If for example there was some unrefutable evidence of perjury it would be a goer. Without that, your relative would be asking for a reopening of the matter based on the same facts on which judgement has been made. This is more likely to be the reason why no-one will take it on, there is nothing different to say.

It would help to know exactly what she took the council to court for. I am thinking it was an industrial tribunal. If this is the case, it will be even harder if not impossible to get the matter appealed and again, proof would be needed that witnesses lied or that something fundamental was overlooked.

You must act swiftly now as you do not get long to lodge an objection to a charging order, but unless your relative makes and keeps to an offer of payment by instalments, it is going to be made.