Interim Order / Order For Sale

[angelspirit]

Hi, Help please.

 

HLCF are trying to get an Order For Sale against my house in the new year, after obtaining an Interim Order in January. I have found an old letter saying that due to the age of the debt the agreement has been lost by Barclays.

Does this help me to fight it, if not what is the best advice available.

Cheers

Angelspirit

[tomterm8]

Has a ccj been granted? What kind of debt is it?

[rory32]

Can you give us some more background on this please? What are the Particulars Of Claim?

[angelspirit]

Hi more info,

Barclays issued a default notice on a loan (unsercured) in January 1999, in Februaury 1999 they closed the account. The last payment was to the debt recovery unit in 2002.

In January 2006 they sold the debt to HLCF and Booker Management were looking after the account for them, this is when I recieved a letter stating "due to the passage of time, Barclays are unable to supply a copy of the loan agreement".

In November 2006 a judgement was granted, and in April 2007 an application for a charging order and an Interim charging order was made.

I contacted the HLCF at this time but they would only accept the full payment, which I wasn't in a position to do.

On recieving the papers for the court hearing in January 2008 I contacted them and offered to pay £300 a month and they declined, and I have the letter stating this.

The debt is £2200+ latest charges.

Regards

Angelspirit

[storm]

For a quick reply I would be absolutely amazed if a judge granted and order of sale for a £2,200 debt on which you have offered to pay £300 a month

 

I cannot believe they have refused your offer

[storm]

And start paying them anyway

 

The debt will be £600 less by the time you go to court

[angelspirit]

Help please!!!

where do I stand as they have stated in writing, they don't have an agreement.

Any comments appreciated.

Angelspirit

[sequenci]

My first question, has a final charging order been made?

[angelspirit]

Hi,

Yes taking another look, in April it was a final charging order that was raised.

I have taken the template available on this site for "request for information", due to they have admitted no credit agreement is available. My thought last night was to try this!

 

If I start making the payments and continue between now and the court case, would this not be used against me as "admitting the debt".

 

Incidently part of me is saying go for it and if the Judge chooses to go with the claiment, what is the normal scenario, ie. does the Judge grant the sale but gives you a month to pay first.

 

Regards

Angelspirit

[angelspirit]

Hi,

Anyone got any ideas, in court first week of January.

 

Any advice apprieciated.

 

Angelspirit

[sequenci]

at this stage it is going to be very difficult to stop the final charging order unless you have a very good reason to stop it being made final.

 

is there anyway you can challenge the original judgment (i.e. unlawful charges)?

 

do you have any grounds to oppose the making of thew final order?

 

HOW CAN I STOP A CHARGING ORDER?

 

The court must consider whether it is reasonable to make a charging order. Under the Charging Orders Act 1979 the court has to consider all the circumstances of the case and in particular:

• the personal circumstances of 'the debtor';
  
• whether any creditor would be 'unduly prejudiced'. This means the court has to decide if making a charging order would disadvantage other creditors.

The arguments you can use against the order being made will vary depending on your circumstances, whether you have any other debts, whether you have equity in your house and own your home in joint names or on your own.

 

These are some of the factors that the court may consider.

• Does any member of your family have a disability or serious illness?
  
• If you have a number of debts and making a charging order in favour of one creditor would give them unfair priority over the other unsecured creditors. It is particularly useful if you can show you already have a payment arrangement in place with your other creditors. This would be upset by an order being made. Point out if any of the debts are larger than this debt and if any other creditors have frozen the interest.
  
• Your creditor is supposed to list all the other creditors that they are aware of in the application for an interim charging order.
  
• The court can order the interim order to be sent to the other known creditors but does not have to do this. This means that creditors who may want to object to the final charging order being made will not know about the hearing. You can raise this in your written objections and at the hearing if you think a creditor may be 'unduly prejudiced' by the charging order being made.
  
• Could the creditor have given you a secured loan when you first took out the loan? If they decided to offer an unsecured loan instead, this could be particularly relevant if you have other unsecured creditors who may be disadvantaged by a charging order being made.
  
• There are other ways the court could enforce payment of the debt. You could ask the court to make an instalment order so you make monthly payments you can afford, or an attachment of earnings order so that the instalments would come directly from your wages. This is only useful if you are employed and your employment would not be at risk.

?

[storm]

I thought this was about an order of sale not a final charging order?

 

The final charging order will have already been made

[Guest Jules_69]

In April you had a final charging order registered on your property to the sum of £2200 ? Is that correct ?

 

Have you made any payments in the meantime - £300 a month is a large payment against £2200.

 

If you have formally offered £300 a month there is no way I can see a judge giving a sale order.

 

We need to know step by step as thigs seem a little confused at the moment.

 

Forget the Credit Agreement - you have a CCJ so the debt is enforced by order of the court.

 

Jan 2007 - claim against you interim charging order granted - Was there a forthwith or installment order made by the court - do you have this paperwork from the court following the initial claim ?

 

April 2007 - Final Charging order granted - do you have this paperwork from court and land registry ?? Have you made any payments ?

 

Jan 2008 -Sale Order hearing - what paperwork do you have that points to this hearing ?

 

If you can scan in or type out any of the wording on these letters - or if you dont have them ask the court for copies.

 

We need to know the cicumstances under which the final charging order was granted.

 

If there is a Sale Order application - and you had been allowed to pay by installments and not done so - then I would start paying so as not to lose your house.

 

A letter to the court and to the creditor will be in order.

 

Please let us know as much information as you can.

[Guest Jules_69]

I thought this was about an order of sale not a final charging order?

 

The final charging order will have already been made

 

It is, as far as we can tell.

[Guest Jules_69]

Thanks UK

[sequenci]

I thought this was about an order of sale not a final charging order?

 

The final charging order will have already been made

 

excuse me.

 

Well, orders for sale are VERY rare. A court would only consider one if it is reasonable to do so.

 

Before I go on, Is the house owned by yourself or is it in joint names with someone else?

[Guest Jules_69]

April 2007 - Final Charging order granted - do you have this paperwork from court and land registry ?? Have you made any payments ?

 

Jan 2008 -Sale Order hearing - what paperwork do you have that points to this hearing ?

 

 

from post above.Theres a few more questions on there too which we need answering to get a clearer picture of where you are at.

 

Try not to worry