Charges against property!!Help!!

terriS

I am sure that I read somewhere on this site recently that if the debt was in one persons name adn the house was in joint names then this was not allowed to happen.

Does anybody know the ACTUAL legal standing on this at all it would be really helpful.

I understand that it should come out of my husbands equity but what if we had an agreement that all the equity was mine ? then surely this would be incorrect.

Also whilst people are saying that it is not a secured loan, it is. Becuase as previously mentioned whilst it is extremely unlikely they do actually have the power to apply to the judge to get the property sold in order to get their money back.

This is exactly the same as a secured loan lender would have to do so what is the difference ?

So on that basis surely on credit cards or any unsecured credit there should be a warning that states if you fail to make the repayments, the debt can be put as an order against your property or in effect turned into a secured loan or mentioned in the CCA.

This has to be illegal in some way surely, Its misrepresentation and also if you really push the boat out it is discrimination becuase the person that doesnt own a property gets away with it !!!! Again surely this can not be right !!!

Please please somebody make some sense of this.

chez000

terriS wrote: »

I am sure that I read somewhere on this site recently that if the debt was in one persons name adn the house was in joint names then this was not allowed to happen.

A jointly owned property can have a charging order on it. The charging order will only apply on whoevers CCJ it is share of the property, i.e if it is your partners CCJ then the charging order is on his share of the property not yours

Does anybody know the ACTUAL legal standing on this at all it would be really helpful.

?
They are legal

I understand that it should come out of my husbands equity but what if we had an agreement that all the equity was mine ? then surely this would be incorrect.

The charge is on your partners share of the house, not the equity, charging orders get made even if there is no equity in the property.

Also whilst people are saying that it is not a secured loan, it is. Becuase as previously mentioned whilst it is extremely unlikely they do actually have the power to apply to the judge to get the property sold in order to get their money back.

This is exactly the same as a secured loan lender would have to do so what is the difference ?

So on that basis surely on credit cards or any unsecured credit there should be a warning that states if you fail to make the repayments, the debt can be put as an order against your property or in effect turned into a secured loan or mentioned in the CCA.

A charging order is one method of enforcung a CCJ.

When the CCJ is granted by the court if it is payed either at once or in installments then enforcemnet action can not be taken.
If a CCJ is granted and the outstanding amount owed is due in full the CCj can be varied to allow payments in installments.

The creditor is only allowed to appy for the charging order because the CCJ was not paid

This has to be illegal in some way surely, Its misrepresentation and also if you really push the boat out it is discrimination becuase the person that doesnt own a property gets away with it !!!! Again surely this can not be right !!!

Someome who doesnt own a property could have bailiffs remove goods, have an attachment to earnings etc so they dont get away with it

Please please somebody make some sense of this.

You can still make payments towards the debts that have charging orders, once the debt is paid off you can have the charging order removed

mark33_2

sorry about your circumstances,mine are similar 37,500 pounds worth on my property,i asked banks for help,and i fell in to the trap of one loan to pay another etc until i could not offord it anymore, i am 33 and suffer from parkinsons disease which limets my work and income,my debt is my own from before i married and bought our property,but the charging order includes my wifes name,which i guess will affect her credit.is there any way i can get help or it removed.

frazzmunch

heres my twopenneth..not sure how helpful it is....

i have two charging orders on my property..one in my name and one in dh name...i have been told by several legal people that a charging order can be enforced at any time however unlikely that is ..however, the money is recovered from the share of equity that the debtor has in the property at the time of sale..the mortgage company takes their share first, then the charging order comes out of the money that remains in the debtors half...it can only be taken from the money that a debtor has left after the mortgage has been paid off and it cannot come out of the other persons half of the house profits....

What i would like to know, if anybody has any idea...can you make full and final settlements on a debt which is secured by a charging order?? my biggest debt is one which has an order attached and in many moons to come, i would like to see if i can pay it off like that!!

PEPPAPIG79

Hi Ive Setting Up A Dmp With Cccs Just Got A Phone Call From Dg Sol (hsbc )i Owe 1839 I Pay 5 Aweek . Ive Put In A Bank Charges Claim The First Letter And Waiting .can Dg Still Force Me To Make Payments .they Have Said If I Dont Make Payments On Time They Will Put A Charging Order On The House I Feel Sick With Worry Because I Cant Talk To Anyone My Oh Dosent Know Anything About My Debts