Ulster bank got a judgment against my husband and I in 2012 for 80K

When it went to court we accepted and offered 50.00 per month,

we returned the paperwork and there was a judgment made but not for any money.

I knew nothing about a hearing date and as far as I was aware it was just paperwork.

They are now going for a charging order against our house.

we have about 10 - 12 thousand equity in the house and it is a shared ownership / homebuy direct property.

we are in trouble financially and looking to sell the property at the moment.

The hearing is in a months time and I really do not know what to do.

We are not going to be able to sell or get help via the mortgage rescue scheme if the order is there. We are currently falling into arrears on the mortgage.

Can someone give me advise on what to do as legal aid cannot help due to changes in the law

they can only help with our mortgage and not the charging order.

I dont have enough money to pay for a solicitor.

thanks

Hi mummy38. I am pleased you finally managed to sort out the posting issue.

I will alert those on the Site team that might be able to help you. I am sure they will look in over the weekend as will other caggers.

Just because they are going for a charging order, doesn't mean there will be an order for sale. But I am sure others with more knowledge will be able to advise further on this.

Hi mummy38. You say a judgment was made but not for any money. What was the judgment?

What makes you think you couldn't sell with a charging order? Obviously you wouldn't get anything out if a sale with a CO of that size. I take it your mortgage is in arrears from what you say?

Do you have any other debts?

Ulster bank have placed a charging order on my property for 80,000.

If they don't do a forced sale or anything for 12 years can it be enforced?

yes, never expires till paid.

dx

Is there anyway of having it removed.

Hi,

By the sounds of it the CCJ and Charging Order are in both your names and the house is in both your names so the charge is registered as an "equitable charge" on the title deeds. Is this correct?

If the above is correct then the creditor can block the sale of your house until they are paid. As you both admitted to the debt I don't see how you can get the CCJ set aside, sorry.

The trouble is we are now in serious financial difficulty and can now no longer afford the property. There is little equity in the house. approx 8- 9 grand We cannot afford to sell as we cannot pay estate or legal fees without that equity.

We are literally going hungry to pay mortgage and currently have some arrears on current mortgage. It is a shared equity mortgage

You say the property is shared equity - were they included in the agreement to place the charge on your property ?

Would they be willing to buy you out ?

In 2009 I lost a house in Ireland.

Repossession due to recession.

The mortgage was with Ulster bank and the debt followed me here and they put a charge on my house here in 2011.

It was announced in Ireland that central bank are investigating tracker mortgages by UB and repossessions as the wrong rate was applied

My mortgage was a tracker.

How do I go about investigating and having the charge removed if the wrong rate was in fact applied

well I would suggest a letter of complaint to get them to investigate it

and p'haps an sar to them too to get all the paperwork.

I gather this was a shortfall and they got a CCJ within 6yrs of repo and you lost that and they then went for a Charging order?

dx

old thread merged for history.

dx

Yup that's correct, I'll send the letter of complaint

Interm charging order placed on my house 4 years ago and we are looking to sell.

I knew the court case was going in but due to depression and ADHD I Never defended it

The case was 5 years ago and interm order put on just after. Register does not say final order.

Can I get the original court judgment set aside and defend the case now?

Can I sell the house with a charging order on it

Can I get the original court judgment set aside and defend the case now? doubt it

Can I sell the house with a charging order on it yes but the charge will have to be paid

is the home in joint names

and the 'debt' in both names?

is this the ulster bank one?

Yes, it is. We were I'll with severe mental health issues at the time and didn't defend

that's 6 threads you've made on this over the time.

all merged now here.

dx

Interm charging order placed on my house 4 years ago and we are looking to sell.

 

I knew the court case was going in but due to depression and ADHD I Never defended it

 

The case was 5 years ago and interm order put on just after. Register does not say final order.

 

Can I get the original court judgment set aside and defend the case now?

 

Can I sell the house with a charging order on it

I answered your two questions back in September 2013.

The answers remain no and no.

If you had a charging order for a small amount compared with the value of the house, your conveyancer can arrange the sale, dealing with the charging order : they seek permission of the holder of the charge. (The technical process is they give the charge holder an 'undertaking' to repay the charging order from the proceeds of sale prior to passing you the remainder of the equity, and the charge holder allows the sale on that condition)

If the value of the charging order exceeds the value of the house : no point in you selling. (If there isn't much equity once the charging order is repaid : again, not much in it for you!)

There is sufficient equity in the house, the creditor is refusing to give the contact details to ourselves and solicitor, what action can we take.

Buyers are threatening to pull unless it’s resolved

the contact details for who our solicitor will give the undertaking too....

you mean ulster bank/....

Correct, we have even lodged a formal complaint but their complaints team can’t even get the information

sorry what do you mean cant get the information what info?

They have failed to respond to the solicitor, the solicitor needs the contact details of where to send the undertaking and the payment when the sale completes to ensure the charge is removed.

This is going on over 3 months since sale agreed and we have been trying before that.

They are refusing to respond