charging order please help!!!!!!!!!

[alibambino]

hi everyone nice to be here. i hope you can help, my ex and i split up in 1994 he kept the house i went to live with my parents for a while then i got a council property, i went to see a solicitor to get my name off the morgage, i was told my ex had to show he could pay the morgage on his own first, i then got told the property had been repossed fast forward a few years a solicitor got in touch to ask me to make monthly payements i have been doing for around six years my ex partner was not making any payement at this poin.t in september 07 i misssed a payement and now the solicitors acting on behalf of the repossesion are wanting to put a charging order for £23.000 on my property after finding out i have bought my council property, my ex has only just started paying the minimum a month and because he doesnt own any property he is not being chased is there anything i can do?

[rory32]

Is this just a threatening letter from the solicitors or are they in the process of filing a claim against you?

[alibambino]

The letter said that " our client has instructed us to enforce our judgement and apply for a charging order over your property

[rory32]

Okay they have a CCJ which they can try to change into a secured charge. Can you make a proposal for clearing the arrears?

 

The solicitors are being very agressive potentially going for a charge over one missed payment. I would start to ask some questions over the shortfall on the property and how it arose. What you can do is send a SAR to the solicitors and ask for information on the account. They need to supply this information within 40 day of receipt. Send the SAR with a cheque for ten pounds (this is the maximum admin fee allowed). Also send it recorded delivery.

 

A bank charges template for the SAR is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Obviously you will need to adapt this to your situation, so rather than ask for the bank charges stuff I would ask for the following info:

 

a). A genuine copy of any Deed of Assignment, or other documentary evidence (equitable or absolute) that shows that you have any legal authority to pursue this matter on behalf of another company, or in your own right;

 

b). Certified copies of the mortgage application and mortgage deeds;

 

c). A full transcript of all transactions, with dates, including charges, fees, interest, repayments etc., on the mortgage account.

 

d). Full transcripts of all telephone conversations and any notes made in relation to telephone conversations by your company, or by any company you claim to represent.

 

e). Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

f). True copies of any Notice of Assignment and/or Default Notice that may have been sent to me, including documentary proof of its/their delivery.

 

g). Details of the sale of the property, how was it marketed, by whom it was marketed, how long was it marketed for, details of all offers, when was it sold, who it was sold to, what price it was sold for.

 

h). Documentary evidence of any building or remedial work undertaken at the property together with associated costs

 

i). Full breakdown with documentary evidence of all costs associated with sale of the property

 

 

/j). …

j). Documentary evidence of independent valuations done on the property

 

k).Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

l). Full details of any Mortgage Indemnity on the property, together with any claims made, dates paid etc..

 

m). Details of any collection charges added to the account; specifically, the date they were levied, the amounts, a detailed financial breakdown of how these charges were calculated, and what the charges covers.

 

n). Specific details of any fees/charges levied by any other company/agency in respect of this account and a detailed breakdown of these fees/charges, what each charge relates to and on what date these fees/charges were levied.

 

o). A genuine copy of your client’s Notification to me of their intention to pursue the alleged shortfall debt.

 

p). A copy of any Fair Processing Notice, as required by the Data Protection Act 1998.

 

q). A list of third party agencies to whom you or your client may have disclosed my personal data and a summary of the nature of the information you have disclosed.

[alibambino]

wow thank you so much for your help, will do that frst thing monday morning, i looked on a website and i may qualify for : reasons to have the debt set aside! because i didnt recieve the summons, i wasnt given 28 days notice to pay, i wasnt living at the address so i am supposed to fill in a N244 form, which should i do first your letter or shall i just do both ?

[rory32]

When was the CCJ granted and when did you become aware that it had been granted?

[alibambino]

it was granted on the 5th dec 1995 , i had been in my council property since sept 1995, i wasnt aware of it until i found my ex partner not living at the property anymore.

[rory32]

Realistically you have very little chance of getting a CCJ from 12 years ago set aside.

i wasnt aware of it until i found my ex partner not living at the property anymore.

Which was when?

[alibambino]

About six months after i think, not 100 % as it was along time ago.

[tsaffet]

phonenix recoveries are taking us to court for cred card debt mmm they want the house for 8000 ebt please hep,, we are full time carers for 0ur disabled son who is 9 can any1 help in stopping this charging order

[rory32]

tsaffet you need to start your own thread on your situation to get the appropriate help and advice. If you don't know how to do that have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

You also need to give a bit more information regarding whether they are going for a CCJ or whether they have already obtained this (they need to obtain a CCJ against you before they can apply for a charging order).

 

Let me just say though that even if they obtained a charging order they would not obtain a sale order allowing them to sell your house as you have a child. This in itself would be enough to normally prevent the granting of a sale order. The fact that he is disabled and requires full time care from yourselves just gives the judge an even better reason for not granting a sale order.