Charging Order hearing.......gulp!!

GasHead

Hi Chappers,
Thanks for the reply.
No, the Variance Order was not mentioned. Come to think of it, that was a bit odd as it was the same Judge that presided over it.

fedup2007

just an update really..

been to court for the 'order for sale' hearing following charging order
its been adjourned because the creditors witness statement was fatally flawed.. so more headache for me while I wait for the next hearing.

But just to mention a few things.

If you get up to the point of a charging order (remember they must get the ccj first) don't sit on your laurels.

I represented myself in court but the opposing legal rep gave me some insight into the current situation regarding litigation against debtors. In fact the court was packed so I could see that for my own eyes, but she told me she is now inundated with requests to make 'order to sell' whereas a year ago it was unheard of. Creditors want their money - and are scared of neg eq so they want it NOW! However, it seems that Northern Rock aren't so bothered about forcing a sale... but of course thats just one solicitors experience - she told me the small debt enforcement cowboys are the ones pursuing the money.

Anyway just to add - my case involves a £1500 loan from 1999 which turned into a £5k ccj. The loan co went bust in 2000 but someone somewhere along the line bought the debt. Anyway they now have a charge and are forcing me to sell! Sounds ridiculous doesn't it? So if you owe in the region of £30k I would be taking steps to repay the debt - even offering a small monthly payment looks good in court.

gatwickba

Hi guys....

Any updates on these cases?

nikkim_3

hi hope things went ok but just to warn the banks are currently reviewing files where they have charging orders, if the debt is under 10k they will look into an order for sale BUT there has to be at least 10k of equity in the property. i used to work for irwin mitchell so i know what their mandate from the bank is, gud luck

fedup2007

just wanted to update this to say the charging order and judgement were SET ASIDE!! yipee!! the nasty debt management people couldn't find the deed of assignment (they never had one)..

only got one last gripe.. the judge wouldn't give direction on costs (I forgot to ask for them on my n244) so I won't get any I don't think... although I should get my repayments back... if anyone wants any advice on what I did along the way please let me know!!

davek1

excellent outcome fedup.

What was the name of the debt company that took it that far?