Help!! Court date for Charging Order on home!!

tilt_2

I think it would be useful for you to discuss this with the solicitor who acted on your house purchase. did you buy the house in joint names? Did you specify the shares that each of you would have in the house? I don't think a charging order would attach to your share of the house if you are not party to the original debt.

LJW_2

Hi Ras, thanks for the advice. As you have said I have asked about this before but because it isn't my debt I have only been able to pass the advice on to my OH. He in turn has been taking advice from the CAB and tried to pass the info back to me but I am confused with it all!!

Yes it is a CCJ for the full amount which was on the 4th April, I suggested he go to court but CAB said they would deal with it all by letter!

An interim order was placed on the house on the 18th April which we knew nothing about (unless I didn't see any letters) it is due back in court on the 11th June for a Charging Order and I really want to attend this to put my case forward.

I will type the letter we got today and put in a few mins

LJW_2

Copy of letter sent today

The court has granted an Interim Charging Order. We now enclose by way of service upon you copies of the Interim Order and supporting application.

The County Court Rules state that Persons residing in the property and joint owners of the property should be served with these documents.

The application is to secure a Judgement debt against your co-owner's interest in the property. A Charging Order is similar to a second charge in that the property is sold whilst monies are still owing under the Judgement our client would be entitled to a lump sum payment from your co-owners share of the sale proceeds (if there were monies available after the prior charges had been paid in full).

If and when the account is paid in full we would then apply to remove the registrations from the property records.
...............................................................................................

This letter was sent from the solicitors acting on behalf of the RBS and attached was the Interim Charging Order from the courts

Hope this helps

RAS

LJW wrote: »

Hi Ras, thanks for the advice. As you have said I have asked about this before but because it isn't my debt I have only been able to pass the advice on to my OH. He in turn has been taking advice from the CAB and tried to pass the info back to me but I am confused with it all!!

Thanks for the explanation. Please get him on here himself so that he has some feedback on the advice he is getting from CAB.

LJW wrote: »

Yes it is a CCJ for the full amount which was on the 4th April, I suggested he go to court but CAB said they would deal with it all by letter.

Given the sort of sums involved and the risk, this was not good advice. Since you own the house jointly, you need to be involved in talking to your legal advisors as well.

By the way, this was not Northamption was it?

LJW wrote: »

An interim order was placed on the house on the 18th April which we knew nothing about (unless I didn't see any letters)

This suggest that OH or CAB have not responded to the court with a reasonable offer in the time frame required.

LJW wrote: »

it is due back in court on the 11th June for a Charging Order and I really want to attend this to put my case forward.

It is essential that OH attends. Legally your case has nothing to do with his debt.

There may be documents that you can complete to overturn the interim order but I think these have to be filed with the court within 3 weeks? Chez would know. How come the delay in notifying you of the interim order?

LJW wrote: »

My auntie got it valued by one estate agent who said it was worth about £110 but for a quick sale £95000

Which might have left you with very little equity in case of a sale, so OH could have gone BK.

However,

LJW wrote: »

we got out an unsecured loan of £15000 to update the house and put a conservatory

There is a risk that this will have increased the equity. why did you not use the loan to do a full and final settlement on the debt or at least wait until this was sorted out?

RAS

LJW wrote: »

The court has granted an Interim Charging Order. We now enclose by way of service upon you copies of the Interim Order and supporting application.

The County Court Rules state that Persons residing in the property and joint owners of the property should be served with these documents.

The application is to secure a Judgement debt against your co-owner's interest in the property. A Charging Order is similar to a second charge in that the property is sold whilst monies are still owing under the Judgement our client would be entitled to a lump sum payment from your co-owners share of the sale proceeds (if there were monies available after the prior charges had been paid in full).

If and when the account is paid in full we would then apply to remove the registrations from the property records.
...............................................................................................

This letter was sent from the solicitors acting on behalf of the RBS and attached was the Interim Charging Order from the courts

it is real enough (we had one thread here last week about repro that proved to be a DCA scare tactic on a statute barred debt).

RBS are in the doodoo regarding at the mo, so they are madly securing debt whenever they can, if the threads here are anything to go by.

On the basis of this, they are not going for sale but OH will have to pay up when the house is sold, which blows your equity.

They must have looked at the situation and decided that there is enough equity to make it worth while holding out for a better deal, and they will be able to see the £15,000 loan as well, unless it is all in your name?

BUt, you need proper legal advice, for both of you jointly not just OH.

LJW_2

Hi Raz, no it wasn't Nottingham it was Tameside. and don't know why we only got word of the ISO which was to late anyway!

I am also going to insist my OH reads all these post so he is clear but feels like we put to much trust in the lady at the CAB and it was the first case of this kind she had dealt with!!!

When we got the £15000 we didn't know about this debt and probably at that point could have worked something out.

What I would like to see happen is that we don't get a Charging Order and we pay a monthly sum of what we could afford, prob about £100 but don't know if its to late to do this. I did suggest it!!

Also going to get him to ring the courts tomorrow to make sure we can attend as it doesn't state this on the letter!

LJW_2

Thanks again Raz you must have been typing away the same time as me as we posted at about the same time!

No all loans are in joint names. Not to bothered about losing the equity as never had it anyway. I just don't want to have to be forced to sell the house!!

RAS

LJW wrote: »

don't know why we only got word of the ISO which was to late anyway!

You need to follow this up with the court.

LJW wrote: »

it was the first case of this kind she had dealt with!!!

I think you need to express your concern about thuis to CAB. It is a very complex area and she was not on the ball.

LJW wrote: »

Also going to get him to ring the courts tomorrow to make sure we can attend as it doesn't state this on the letter!

I recommend that you also pm chez000, as she has posted some really useful stuff about charging orders in the last few weeks and knows her stuff.

LJW_2

Hi Raz never done a pm before how did i do it?

ps thanks for being really helpful:o

fermi

LJW wrote: »

never done a pm before how did i do it?

Click on this button.