Charging Order and Force of Sale

loopylu36

HI

I've been reading these posts with interest as I have just returned County court forms regarding a loan with NR. It's for £27k and was originally part of a together mortgage. We have only missed two payments to NR and our DMP started on 1 May.(DMP payments not missed but original payments rior to that) They told me straight off that they would not agree to ANY reduced payments and woud issue CCJ and then go for CO. As i said we had the Court papers last week. I have admitted the claim apart from £284 which they have said is arrears but that I actually paid in March. Our DMP payment is £119 (£284 being the original amount) How long does it take for the CCJ to be made does anyone know? I don't know whether it will go to a hearing or not but NR did tell me that they would have no intention to force a sale, just wanted the loan secured .

sxw

hi, in our case as soon as the ccj papers are returned they issue a forthwith order which demands full payment, you will not get a chance to make any payments under the ccj, as soon as you get the forthwith notice you must ask for a redetermination of the forthwith order to allow you to pay in instalments, they will at the same time apply for a charging order, this will be an interim order until the hearing, it may be at sunderland or gateshead county court, with the request for redetermination ask for the case to be transferred to your local court so that you can attend. You need to attend to make sure the judge adds the condition not to force sale. Chances are you'll get that condition made, for some reason i didnt but it gives you the security that even though NRock have said they won't force sale, they can't. unfortunately, i don't appear to have that security. NRock do not tend to just accept a ccj payment, i really think you will get the papers for the forthwith order and interim charging order shortly. Don't worry, contact National Debtline, they will talk you through it and give you an example letter for the redetermination request, i found them more knowledgeable than cccs who the dmp is with, cccs tend to tell me things won't happen and don't worry but when they did happen i panicked. The hearing is nothing to be frightened off, and all they are doing is securing their interest. hope this helps.

lesleyh13

i have read with interest all the threads and whilst it cmes across as kinda bad (which i dont mean to any of you) it is kinda comforting to know im not the only one going thru a tight time and have been fro past 8 years, the more money in seem to bring in ie o/t the more the bills go up, does anyone get sick of just existing and not living? Its brill if any of you can talk to your other halfs and share the worry but i carnt, it just depresses him so id rather go thru it alone, and reading this forum makes me feel stronger. my charging order is with abbey originally but after hearing about N/rock and what it has done to the majority of you it disgusts me, they most of all should be leniant. GOOD LUCK to everyone here, im off to court mon, if anyone has any advice on questions i can ask please e mail me,. id be dead grateful xxx

lesleyh13

PS whats the abbreviations in here stand for im losing it on ome... is OH other half and CO charging order or court order and what is DMP

sxw

DMP is a debt management plan. Lesley, I know how you feel re your other half, my husband burries his head in the sand and I'm left to sort all our problems out - I just give him an allowance and that's him sorted, all the worries, the hassle etc seems to fall on my shoulders. I have been on anti-depressents cos sometimes even I can't cope, despite others assuming that I can. I am doing my best but don't seem to be getting anywhere. I am also fed up with just existing, we don't have any life haven't had a holiday in 9 years and that was our honeymoon. We scrimp and scrimp, we don't eat well, just the cheapest stuff in the supermarket I buy my clothes from Car Boot Sales, I am nearly 40 and this is all I have to show for my life. Sometimes I dream of just running away from it all. Have seriously considered bankruptcy but I know that it will be me alone who will have to do all the paperwork and running about, packing up the house, finding somewhere else etc I don't feel I have the strength at the moment. I also feel aggrieved that because we don't have children we do not qualify for a lot of things, including help with housing or allowances from various things. As we are on a reasonable income £40k between us we earn too much for any sort of help with fees etc but this doesn't take into account our debt and in reality with the debt we are paying back lowers our income considerably. I spoke to the LA about housing as I had thought if we went bankrupt we could get help but as I said, without children and the income we are on they will not help us at all. In Scotland they have legislation whereby if you are in financial difficulites the LA or Housing Assocition will buy your house and rent in back to you (like the private firms do here but they chuck you out after 6 months), it would be a help for us if they brought that in here but at the moment I don't really know which way to turn. I have obviously got out of bed the wrong way sorry for the rant.

craftingqueen_2

Hi everyone ,Good luck with everyone going to court. We've been to court twice in seven days for two charging orders. Before going to court myself and hubby were so nervous about anything to do with courts. It was no way as bad as we thought, 5 min hearings. NR did'nt get the charging order for £6k but Nationwide got the charging order for £3.5k. Each one we are still keeping to the same payment as the DMP.

CQ

lesleyh13

oh sxw if you ever wanna talk im a good listener, im better at giving advice than asking for it,im sure, no disrespect to men here, but women have got to be the stronger in some parts.and as for the whole british system... when i see the politicians on gmtv i just wanna rip them to bits demanding answers but they are soo good at avoiding issues, keep your chin up, i keep saying to myself my break carnt be far away and i have to beleive in it. and thanks craftingqueen for the best wishes, ill be back tues afternoon after my court ordeal mon (i wrk nights so sunday night is gonna be a swine cos my time at court is 10am) and if anyone needs advice or anything, ill give anything ive learnt from mon. lets hope its not as bad as it sounds.

Deep_In_Debt

sxw, Feel free to have a good rant! I'm going to join you in the ranting!

I feel the same as you and I do understand how you feel. I live on my own, have a mortgage and an average salary and yet am not entitled to any benefits apart from council tax discount but it's still over £110 per month over 12 months for a 1 bedroom house! I don't have any kids either. My mortgage repayments are just about manageable for me (I have a fixed rate for a few years) and after I've paid my bills I have little to live on even for food. I looked into renting somewhere a while ago but even a cheap, skanky studio apartment costs more than I'm paying in mortgage so I would have no money to live on after bills. So I just have to stick with it and hope that if I get a CO that the courts don't let them get a force of sale - I'm stuffed if they do! My family all live abroad so I can't live with them and can't afford a rental property and the HA can't help.

A good rant is good for you!

sxw

Thanks everyone for your support, I have read back my posts and i did sound pretty depressed sorry, i have good days and bad days like everyone just my bad day happened to be on here today! Hope all going to Court get on OK and get the security of the condition not to force sale, even if you don't like me, i'm begining to see that it is unlikely that they will force us out, if they do you'll see me on the tv and in all the papers " NRock forces couple on Streets for not Managing Money" sounds rather ironical doesn't it especially as the Govt are running it and telling lenders to be more symphathetic! Good Luck everyone and thanks again x

lesleyh13

can anyone tell me if my husband has to go to court with a charging order, ? its just dawned on me re reading some threads that he might. im going but he isnt,