Court tomorrow for Charging Order on house, any advice??

LJW_2

Hi we are in court tomorrow for a charging order on the house, we have not been helped by our CAB worker who has hardly been in touch and when he has it was last minute. I have compiled an objection order for myself as it isn't my debt but my husbands and he has done a letter for himself (well I did it for him)!!

We have offered a settlement to the company who have dragged an answer on and on so now to late and it's court tomorrow.

Anybody got any advice on anything that may help??

stapeley

Sorry but its abit late in the day . CAB are just over stretched to be of any use . You could maybe ask for a stay , is it a credit card debit or a secured loan ? You could ask the judge for a stay as you have been unable to get advise from CAB . Would could request to see the CONSUMER CREDIT AGREEMENT that relates to the account .

silvercar

Tell the judge that you have offered a settlement but the company haven't responded. It will go in your favour that you were attempting to negotiate.

fatbelly

Iam sorry for the !!!! service you got from the CAB. We do strive for good standards and consistency but we advise across a wide range of issues and most advisers are volunteers. That's not an excuse for poor advice.

I'm pleased to see you got a lot of good advice earlier from the mse lot on this thread.

Best of luck for tomorrow.

anne_marie1

I am so sorry.I do hope ypu get this put aside.There are new laws about debt coming in October which may help us all.It is the thing I fear most except for bankruptcy but I hope they take into account the fact you have tried to negotiate.hope you let us know how it went.

shinyhead

So sorry I wasn't logged in last night and missed this thread. If you read this post in time log onto the National Debtline Site and look up cahrging oreders under their factsheets. It lists a whole load of arguments why a CO should not be made. I fought off a CO a while back simply by sticking to my guns and the OP pulled out at the last minute. Is there a CCJ against this?

loopylu36

anne_marie1 wrote: »

I am so sorry.I do hope ypu get this put aside.There are new laws about debt coming in October which may help us all.It is the thing I fear most except for bankruptcy but I hope they take into account the fact you have tried to negotiate.hope you let us know how it went.

What are the new laws? I've had court papers from Northern Rock and I'm waiting on the judgement decision, but NR usually go for C/O's so I was just wondering if these new laws might help me at all (might be too late by then tho... )

LJW_2

Hi all, thanks for your advice but Charging Order was granted!! We could tell from the beginning of the hearing that the Judge was going to grant it by the way he was talking!!

We had an unexpected meeting before the hearing with the solicitor for the Bank we owe the money for, we discussed all the options and got some usefull information from him, like bypassing the solicitor dealing with debt and liaising with the the bank to get a better payment plan. He told us the the bank are thinking about not putting any interest on the debt, just waiting to hear.

Shinyhead, I read your post so thanks for the advice we had a look on the National Debt website.

On a plus point the solicitor said the paperwork I had sent in in our defence was the best he has ever seen, so thank you all for the advice as most of it went into my letters.

Oh and the solicitors said a meeting had been held recently with all Judges where they are all advised not to make orders of sale on houses if at all possible.

Thanks again

dancingfairy

Have you read about charging orders? basically it is security for the lenders knowing that if you failed to stick to a payment plan they would get your money when you sold your house. It is very rare I think for them to make you sell your house. As far as I know it just sits there. So many people on here seem to have had them and I haven't heard of any of them having had their house repossed or anything. I'm sure there is a factsheet on National Debtline or something that explains this.

LJW_2

Hi Dancingfairy, yes I have read lots of stuff on Charging Orders lately! But I understood we had to agree a payment or they could then go for an order of sale? The solicitor said if we did agree a payment which could be quite low then they wouldn't have any grounds for an order of sale!

Do you mean to not pay anything and let them to wait till we sell it?

Deep_In_Debt

I have to admit, I'm worried about CO's especially from the force of sale aspect. I live on my own and can't afford to rent (otherwise I would sell to pay my debts as I have a little equity). My mortgage payments are £180 pm and rental properties for the cheapest rat infested flea pit around here are £500pm minimum for a studio apartment; I looked into to selling and renting last year (I only have a 1 bed house) so it's a bit of a no brainer for me. I can afford the mortgage but can't afford to rent. I only have 5 years til I clear my mortgage. I don't have any secured loans for this reason although lenders have been falling over me to offer secured massive loans on my property. I'm in my 40's and wish to be debt free soon and not be tied into paying a second mortgage/secured loan into my retirement and on a pension.

Anyway, it seems that judges are granting more and more CO's and CCJ's but do courts/judges consider that many of these debts don't have enforceable CCA's or do they not take notice of this? Am I missing something? Apologies if I am being thick.