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Comment from: marcus g [Visitor]
marcus g
this is very useful. My mum's ex-partner has vanished into the ether, and left a pile of debt's behind him. We have one creditor who is now applying for a charging order against my mum's house (the mortgage is in joint names with her ex-parter), which is in negative equity. Fingers crossed we can successfully defend the charging order.
07/07/10 @ 20:05
Comment from: [Member]
Value hunter
Difficult one, I'm guessing they are trying to get a charging order against an asset of your mum's ex? Things I would use: - Undue hardship - ie its not your mum's debt and selling the house would mean rehousing everyone who lives there who have nothing to do with the debt. - unfair priority over other creditors who are also chasing money owed by your mum's ex I would definately seek legal advice, from a solicitor specialising in consumer debt, the free CAB etc, can offer conflicting advice and I really think you need a specialist for this as with a joint mortgage and a charging order, it would be best to have a legal expert fighting your corner. Best wishes to you and your family with this.
07/07/10 @ 20:50
Comment from: Nashville Homes [Visitor]
Nashville Homes
The laws likely differ over there but in the states you can also buy some time by demanding that the lender provide you with a copy of the closing documents. Because of the amount of times many loans are bought and sold it will likely take them some time to track these down.
10/12/10 @ 23:18
Comment from: Keith Stokes [Visitor]
Keith Stokes
very good only trouble is cab cant help cos im self employed and at £200 an hour a solicitors out of my reach any ideas plus in one case ive now involved the financail ombudsman so will have to ask for a delay cos this route takes 8 weeks or so ANY IDEAS
14/07/11 @ 20:18
Comment from: [Member]
Value hunter
Keith, as you can appreciate, I cannot and am not qualified to give legal advice in any way. Expressed in my post here, is my experience/defence and successful blocking of a charging order for someone I helped. The post is designed to throw up ideas that may help others, plus be a reminder to myself should I need to help another friend/family member out. As regards ideas: - self employed, I would average out my wages over the past 12 months and use this as a base for incomings/outgoings report for the court. - why won't cab advise you? they are trained to help in all circumstances, self employed, unemployed, etc. - if PPI resolution is anything to go by, then my experience of dealings with the financial ombudsman dont hold out much hope. - Personally, I would start one payment per month as soon as possible with each creditor, notifying them in writing (recorded delivery) even if it is only £5 per month. I think it is important to have a payment history to demonstrate to the judge that you are making an effort. - Highlight that you are keeping in touch and not hiding away from companies. You of course would back this up with your income/expenditure summary, showing your payments are within reason when compared to your available income left after essential bills have been paid out each month. If the judge in your local court agrees that you are making efforts within your means after essential bills have been paid each month, then they should help you. Judges are there for both parties in any dispute or claim. I would also look around the internet at some of the established consumer forums, which provide a wide range of template letters and also have other members that have been or are in a similar scenarios to yourself. This website has some very active members, who are very knowledgeable when it comes to consumer issues/laws/contracts, etc. I would even give your financial ombudsman a ring and ask where to go for advice. It cannot hurt to ask. I really wish I could be more help, I know first hand how much pressure these things put people under. Good luck to you sir.
15/07/11 @ 00:36
Comment from: rich [Visitor]
Im on the other side of the pond,and have taken out an interim charging order. as the person who owes money has not been in contact,or attempted to pay any of the£4900.00 he has been ordered to pay back![ccj] If he had attempted to contact me and pay a reasonable amount or fixed my car properly i would not have taken these drastic steps His house is joint owned and has been for sale for over 3 years,he says he has no money, yet runs an engineering workshop . this is the only way to secure the debt that he owes.
03/03/12 @ 10:37
Comment from: [Member]
Value hunter
I have no issue with your charging order case Rich, it has been applied for and put in place? after you have followed a path for reclaiming your money. Where it differs from what is happening here: - business is ignoring the fixed route for reclaiming money owed, going straight for a charging order on the debtor's asset, which is their home. - unsecured credit here, results in higher interest charges, a known fact at the point of sale. Normal path for reclaiming unsecured funds would be to contact the debtor and arrange payments, which are within the income of the debtor. Companies are deliberately making unrealistic demands on income, putting other companies at a disadvantage, when these are refused, they are applying to the courts to have a charging order put in place under the guise of "simply securing the debt" when it comes to court they immediately seek sale of the home to claim the money back. In effect, misleading the court to get their way. - Even when the charging order has been refused, along with costs and interest claimed, the company continue to add interest and costs to the total amount outstanding, which is against a court judgement. - The company which accepted an unsecured loan, were happy to be receiving a higher interest rate, later they want to secure the outstanding amount, the interest rate charged should reflect this, it does not. - if a debtor is paying a set amount to 3 creditors, they should not be forced into paying another creditor more, this is not enforceable under common law in England and Wales. - a charging order should be used appropriately, only after establishing amount owed, then ordered to pay a set amount that is considered fair in relation to the debtor's income and outgoings (decided on by an impartial judge) and then only applied for if the debtor continues to withold payments, so that a judge can rule upon it. To mislead the court and the debtor by stating a charging order is just a formality for accepting a low repayment, then appearing before a judge and requesting immediate sale of the asset to pay off the debt owed to them, before all these steps have been taken is completely wrong. This practice causes huge distress, affects others (by selling their home when other people not having anything to do with the debt live there) and people here can stop this practice by simply putting their case before a judge and fighting it.
04/03/12 @ 13:24

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