Can they impose a charging order

rose28454

I owe a large amount in credit card debts and was trying to go down the DMP route but as my husband and I split up a few weeks ago I think I maybe cannot now do it. I am now struggling to pay thr mortgage and other bills. I have been to the Citizens Advice who told me to do a statement of means to all my creditors and offer them a nominal payment until such time as I can increase my income. I am a self employed bookkeeper/caterer and have only sporadic work at present. I am all over the place emotionally aswell due to the sudden change in my life.
Late last year Egg bank took me to court for a credit card bill and I offered all I could afford as a payment with a view to increasing the payments when I could. They then decided to turn down my offer of payment and went for a charging order. When I rang their solicitors to ask about attending the hearing they said I did not need to and it was only a formality and as aoon as it was in place they would accept my offer of payment.. I was a little naive and of course they got their charging order and then they demanded that I pay a higher amount by DEBIT card each month. This I have been doing but the lady at the Citizens Advice then told me I should tell them I could only afford a smaller payment.
Because of OH leaving ( at me request I might add due to his alcoholism) I have not had time to think of any of this.
In February another of my creditors HFC bank took me to court aswell and I defended the action as they were looking for a fee of £1750.00 on top of the laready large cc bill. On the 8.5.8 I received a letter from the court saying that the judge had founf in their favour and I was ordered to pay the whole amount. It said I could appeal within 16 days and so today I called the court for a form to fill in. I wass on the phone for 30 minutes ( luckily I dont pay for geographical calls!) and was passed from one person to the other. I then discovered they have applied for a charging order on 15.5.8 even though I have not had a chance to respond to the Judgement. Eventually I was told I could download a form from the internet and am to send it off with £75.00 fee. ( I can only not pay this if on benefits etc but I am trying to work so do not claim any). They will then pass this to a judge for consideration whilst the charging order goes ahead.

Is any of this fair. I am offering to pay a monthly payment so how can they be allowed ot put a charge on my house without my being able to speak up. Also I owe other people money so surely this gives them preference.
Help

craftingqueen_2

Hi

I'm sorry to hear about whats happening in your personal life.

On the charging orders,any creditor that you owe monies to are in their right to claim their monies or have it put on your home as a CO.
As you can see we are in a large amount of debt, and are fighting two creditors over CO's.
We were told if we did'nt turn up to have our say about the CO's on our home, the judge would automatically favour the creditor.
These are low amounts to what we owe compaired to our main creditors too.
Have you rang National debtline, we found them very helpful.

CQ

rose28454

craftingqueen wrote: »

Hi

I'm sorry to hear about whats happening in your personal life.

On the charging orders,any creditor that you owe monies to are in their right to claim their monies or have it put on your home as a CO.
As you can see we are in a large amount of debt, and are fighting two creditors over CO's.
We were told if we did'nt turn up to have our say about the CO's on our home, the judge would automatically favour the creditor.
These are low amounts to what we owe compaired to our main creditors too.
Have you rang National debtline, we found them very helpful.

CQ

Thanks I will contact them tommorow. I have had a tearful evening worrying about this. My OH who has been sober for 3 months now and as I said earlier is living his new life in his comfortable flat on benefits whilst I am worrying about all this debt I have to sort out. Had a big argument with my sister (who I do some work for) as she kept going on and on about how much profit she will make this year ( about 50k) and how unfair 40% tax is!! In the end I put down the phone and refused to answer it. Thanks again

10past6

Hello rose

Have you requested the CCA regarding these debts?

This has 2 advantages

a) will put your account in "dispute" which should prevent any action

b) although the debt won't go away, the debt will be unenforcable if no CCA is available.

rose28454

10past6 wrote: »

Hello rose

Have you requested the CCA regarding these debts?

This has 2 advantages

a) will put your account in "dispute" which should prevent any action

b) although the debt won't go away, the debt will be unenforcable if no CCA is available.

Sorry but what is CCA??

Leixlip1

Consumer Credit Agreement - have a look at the thread "lets all ask for our cca"

poppyg_2

Awww sorry to hear about your situation, sounds like you are having a really tough time

Does your sister know about your money problems? Just that I can understand why you got upset when she was saying about profit but if she knew the situation am sure she'd have thought twice before she said anything. Any chance she could give you some additional work, being family and all that?

Agree with the others regarding CCA and also about maybe contacting national debt helpline or one of the other debt charities such as CCCS or Payplan.

Are the debts just yours or are any in joint names with your ex OH?

rose28454

poppyg wrote: »

Awww sorry to hear about your situation, sounds like you are having a really tough time

Does your sister know about your money problems? Just that I can understand why you got upset when she was saying about profit but if she knew the situation am sure she'd have thought twice before she said anything. Any chance she could give you some additional work, being family and all that?

Agree with the others regarding CCA and also about maybe contacting national debt helpline or one of the other debt charities such as CCCS or Payplan.

Are the debts just yours or are any in joint names with your ex OH?

Only a small portion of the debt is in his name. I spoke to CCCS this afternoon who have made an appointement for me to speak to a counsellor next week. She also told me to write to the court about the Judgement for claimant and offer a repayment figure. She said that way I would get a court date and could state my case in person. She did not point me in the right direction re CCA letter though so is there anywhere I can download it? I feel much better now and I am organising my office to get more stuff on e-bay asap. My sister does know about the debts and is giving me some work but is a bit insensitive about her profit. As yet nobody seems to think I need time to myself to think.