Charging Orders Petition - Sign it NOW!

[JonCris]

Goldlady
Yes they do look less favourably on the tenant loan applicant precisely for the reasons you imply & yes you are also correct about home ownership not being as attractive as before.

Whilst it is assumed that the housing slow down is due entirely to the credit crunch & think that's too simple an analysis.

Although anecdotal it's my experience that many are refusing to enter the housing market, not because they cant get a mortgage but because they see homes being repossessed by lenders more & more & wonder why take on the liability & debt of buying a home when it can be wrenched from your grasp so easily by greedy lenders. After all you can rent one & have much less to worry about

bigpeter contrary to popular belief (including by some Judges) a Judge does NOT have to grant a charging or possession order

[bigpeterlg22]

Originally Posted by JonCris

bigpeter contrary to popular belief (including by some Judges) a Judge does NOT have to grant a charging or possession order

i am fully aware a judge doesn't have to grant a charging order or a possession order on the cases they look at everyday and they are .

the courts and the judges do walk a difficult tightrope with the discretion of the court and judges recognising that they must balance the interest of both parties and respect the wishes of the claimaint to recover the money and if the defendant has ignored a judgment order.

i am aware through my work that the criteria for charging orders is becoming stricter and stricter.
However a couple of things have occured in relation to charging orders in the last couple of weeks.
one of these things could have knock on effects nationally.
unfortually, i am not able to go into further details at this time due to legal reasons as these are currently ongoing cases.

i am also aware that possession orders and the processess to obtain these could be changing due the new draft pre-action protocols for mortgage repossessions.

[JonCris]

The fact that lenders are starting to use SD's, charging orders & repossessions as a 1st resort rather than a last is bringing such tactics into disrepute & will, as you have already suggested, backfire on them

[OnMyWayOut]

In recent correspondence with a lender who has a charging order on my house they defended their action as it made the situation 'equitable'. They don't see charging interest rates of 23% upwards on unsecured debt as unequitable though.

[JonCris]

As they now have 'security' on what was an unsecured & high % rate debt perhaps there's an argument for them to revisit' either voluntarily or by compulsion' their % rate otherwise could their relationship with the consumer not be deemed as unfair & subject to challenge in the courts

perhaps you may wish to mention that the next time you have cause to contact them

[OnMyWayOut]

That's what I was thinking, otherwise they are getting their 'equity' both ways...

[JonCris]

I do know that this point has been the subject of recent discussion within the finance industry & their lawyers

[bigpeterlg22]

yes i have heard that as well.

the issue of interest is definately up for discussion with the finance industry lawyers from what i have heard and the one of the commonly used words is "worried", especially after the action of a specific nameless lender even adding interest when there weren't allowed to and they got caught out.

the finance industy are also worried about a number of things across the board and have good reason.

they are very worried especially after the draft repossetion protocol's were issued some from the finance industry have called them " a charter for non payers" and it looks likely to significatly increase costs and regulation for lenders and reduce repossession.

they are worried about the draft general pre-action protocols and that include debt recovery and the new levels of regulation by the fos and procedures.

they are also worried about the proposed changes to the limitation act to take limitation down from 6 to 3 years.

[Jeff2000]

Originally Posted by OnMyWayOut

In recent correspondence with a lender who has a charging order on my house they defended their action as it made the situation 'equitable'. They don't see charging interest rates of 23% upwards on unsecured debt as unequitable though.

Hi,


This is a very interesting point.

They admit that their action of obtaining a charging order on your property makes the situation "equitable".

This statement, therefore, implies that the situation before obtaining the order WAS "inequitable!"

So, in a way, they ARE admitting that the interest rate of 23% plus that they charge IS "inequitable!"


I think!


Regards, Jeff.

[FunkyFox]

This has just over 1 month to run and with only 68 signatures it is not going to suceed in changing anything.

The petition closes on 25th October and if before then we can secure a minimum of 200 signatures then it will at least get passed to the relevant governement department for a response.

Please can I ask that if you believe that the current use of charging orders at the earliest opportunity by many creditors and DCA's needs to be more closely regulated that you both sign the petition yourself and pass the message on to as many people as you can. I feel it would be a real shame if out of 200,000 members on CAG we couldn't get 200 signatures.

If you are members of other forums why not mention it on there and send an email to your friends and family.

Every little bit helps.

Thanks,FF

[phatram]

bump

[banker_rhymes_with]

I'll BUMP this as well, as people do need to sign that Petition...here

Cheers,
BRW

[Jeff2000]

Hi,


Can a Mod not have a link placed in the CAG announcements?

That way just about everyone logging in to the forums will see it!!!


Jeff.

[maz1964]

had already signed it ages ago, but got my hubby to sign up today too

i think this is so important we really need as many sig as possible especially with what the government are planning on giving creditors chance to bypass the ccj and go for the charging order if the law is passed, i spoke with nationaldebtline this week and they are concerned too - this will impact heavy on homeowners especially making unsecured debts - secured

ciao for now laters maz

[ziggy04]

this new law that will come into force soon allowing creditors/dca's to go straight for a ccj & charging order is discrimatory to householders that's totally unfair, i have an interim charge placed on my joint owned property for an unsecured debt which over one third is made up of inflated interest charges & unlawful fees . there should be a warning given when on any unsecured debt with regards to making a debt secured by way of a charging order should the account be defaulted etc, the dca's are going to have a field day with this law ! i have already signed the petition.
PLEASE SIGN THE PETITION NOW .....

[phatram]

Originally Posted by Jeff2000

Hi,


Can a Mod not have a link placed in the CAG announcements?

That way just about everyone logging in to the forums will see it!!!


Jeff.

bump