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

pania

i fear a return of our troll from the other day.

OP ignore, post reported.

RAS

chez000 wrote: »

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.



The compliment is appreciated, but Im a he not a she.
:rotfl: :rotfl: :rotfl:

Sorry chez, but gender is not apparent on here.

Whatever you are, you are very welcome.

PS in my real life, people assume I am male because of my first name and keep asking for Mr S when they phone. It is quite funny when it screws up a well rehearsed telephone sales spiel.

chez000

RAS wrote: »

Sorry chez, but gender is not apparent on here.

Whatever you are, you are very welcome.

PS in my real life, people assume I am male because of my first name and keep asking for Mr S when they phone. It is quite funny when it screws up a well rehearsed telephone sales spiel.

Its ok no offence taken, like you say its impossible to tell gender from a username, just thought id take the opportunity to point mine out :rolleyes:

LJW_2

Hi all, my OH spoke to the CLA today but won't help as they say we earn to much!

He also rang the lady at the CAB and is convinced she is right!!!!!!!!!! He is now back on the track of banckrupcy and changing the house into my name. I am completly against this and feel like you that it is the wrong advice. I am going to speak with him tonight and make him read all the posts on here.

Keep you posted but feel like I'm losing the battle!!:mad:

peb

Came on to see if I could help buyt Chez got here first!

DO NOT CHANGE THE NAME ON THE DEEDS! It is not that simple and would simply be overturned should your boyfriend end up bankrupt. A Notice is (or should be) sent to H M Land Registry as soon as the interim is granted. AS CHez has pointed out an interim order is granted immediately without the defendants input so you have to decide whether to defend the charging order - has your boyfriend worked out how he is to repay these monies?

DO you hold the property as beneficial joint tenants or tenants in common? Was a Deeddrawn up in respect of the fact that you were in effect put in more monies than your partner?

NB it is irrelevant so far as bankruptcy is concerned as to whether you paid market value.

Please do bear in mind that although I deal with charging orders (on behalf of our litigation department) I only know the procedures - I do however know about property.

fermi

Talk to National Debtline then please!

Changing the house into your name will do nothing to protect it from bankruptcy. The only effect it might have is to annoy and create work for any potential trustee. I have respect for a lot of CAB advisor's, but this one doesn't seem to have a clue.:rolleyes:

Bankruptcy may on an outside chance be the best option, but that needs to be advised by someone who knows what they are talking about. The current equity in the property will have a big bearing on this.

LJW_2

Hi Peb, not sure what you mean about jointly owning the property but we are 50/50 if that helps.

I think he should offer £100 per month and hope they would accept that!!

Got the letter from the land registry today.

How long does it take to go bankcrupt. Not that i want him to I am against it but we are at court on the 11th June and it would be helpful to know so I can tell him he wouldn't have time anyway

LJW_2

Thanks Fermi. I will get him the number now and give it to him when he gets home.

Would you advise him ringing a solicitor on a free 1/2 telephone session?

chez000

LJW wrote: »

How long does it take to go bankcrupt. Not that i want him to I am against it but we are at court on the 11th June and it would be helpful to know so I can tell him he wouldn't have time anyway

It depends how busy your local county court is, the local court near where I work takes about a month to get a bankruptcy hearing, but once your in the court takes 1-2 hours.

Bankruptcy gets complicated when a joint owned property is involved, and unless you had no way of paying the debt off I dont really think its something you should consider.

Even if they get the charging order, its still unlikely they would get the sale order, especially if you had some money to pay the debt.

Why is the adviser at the CAB so convinced about bankruptcy?

If you past an SOA im sure others would suggest alternative strategies

RAS

The contact detail for NDL are here

http://www.moneysavingexpert.com/loans/debt-help-plan#help

Please ring them on your own behalf NOW so that you understand the legal consequences of the action that is being proposed. Fermi knows his stuff round BK and BI but even a mutt like me knows that transferring the house will not work if OH goes BK.

Please please do not allow this idiot at CAb to get you into even more trouble.

Regardless of what your OH is being told at CAB, this person is seriously ruining your financial record and giving you seriously incorrect advice. Once you have spoken to NDL and got professional advice, please get hold of the senior person at this CAB and make a formal complaint. We need to stop this person wrecking anyone else's lives.