Watch Out - Charging Order Rules May Be Changing !!!

[sequenci]

PS: However, when they do, as they will, I certainly hope I can come to you Sequenci for advice

Elsa x

 

haha

 

Bring 'em on!

[joemay]

PS: However, when they do, as they will, I certainly hope I can come to you Sequenci for advice

Elsa x

 

Yes me to Sequenci. I can't afford to live in my house, I rent it out, in order to live on some of the remaining rental income! Have a horrible feeling in the future my creditor will go for charging order and possibly even an order of sale:(

[sequenci]

Yes me to Sequenci. I can't afford to live in my house, I rent it out, in order to live on some of the remaining rental income! Have a horrible feeling in the future my creditor will go for charging order and possibly even an order of sale:(

 

Hey Joe.

 

The creditor you have, is it for an unsecured debt? Have they a CCJ?

[Undercover-Elsa]

Hi Sequenci,

Daren't name names just yet. Playing possum on a DN so faulty it should be framed. They're demanding full payment now but even so have not sent an actual termination notice as such, so am wary of alerting them to the DN.

Just at the "pre litigation" threat stage. The income drop was sudden and permanent .

[sequenci]

The income drop was sudden and permanent .

 

Is there anyone working within the household or do you you have the ability to claim a means-tested state benfit such as Income Support?

[Undercover-Elsa]

My husband works, I'm on benefits and between us we can cover our priority bills, but we got a lot credit (it was THROWN at us as we've always been good payers till now!) which was affordable with our previous good level of joint income..but not now.

Struggled on for a year (increasingly paying bills with credit) then the credit crunch dropped my husbands income too and hey presto..we're debtors!!

[sequenci]

My husband works, I'm on benefits and between us we can cover our priority bills, but we got a lot credit (it was THROWN at us as we've always been good payers till now!) which was affordable with our previous good level of joint income..but not now.

Struggled on for a year (increasingly paying bills with credit) then the credit crunch dropped my husbands income too and hey presto..we're debtors!!

 

Are you self-negotiating with the creditrors or have you an arrangement in place via a third-party (such as a DMP etc.)

[Undercover-Elsa]

I've initially sent off CCa's to everyone. Still waiting for most of them.

Not paying anything except priority bills at moment until I check validity of everything.Those with valid CCa's and paperwork, I will self negotiate if possible. I'll challenge the others to the best of my ability on validity of agreements and DN's etc. I've no other choice, it's survival.

Elsa x

[sequenci]

I've initially sent off CCa's to everyone. Still waiting for most of them.

Not paying anything except priority bills at moment until I check validity of everything.Those with valid CCa's and paperwork, I will self negotiate if possible. I'll challenge the others to the best of my ability on validity of agreements and DN's etc. I've no other choice, it's survival.

Elsa x

 

Sounds like you have a solid plan laid out!

[Belaflat]

The problem I see with CO's is the interest that may be added.

I know that in a lot of cases unless specified there should be no interest but there are many companies who are going for interest and getting it, rightly or wrongly and in the case of someone who can only afford a small token, the interest may rack up so horrendously that they may as well give up their home as there will be no chance of clearing the debt.

Legally it may be in order but morally when a DCA buys a debt for pennies in the pound and then gets a CO on the full balance plus interest, would you call that fair and decent?

I would rather go bust with equity in the house than allow a DCA to profit massively on my misfortune.

In the long run an early Bankruptcy may be easier than a slow strangulation by greedy DCA's.

[sequenci]

The problem I see with CO's is the interest that may be added.

I know that in a lot of cases unless specified there should be no interest but there are many companies who are going for interest and getting it, rightly or wrongly and in the case of someone who can only afford a small token, the interest may rack up so horrendously that they may as well give up their home as there will be no chance of clearing the debt.

Legally it may be in order but morally when a DCA buys a debt for pennies in the pound and then gets a CO on the full balance plus interest, would you call that fair and decent?

I would rather go bust with equity in the house than allow a DCA to profit massively on my misfortune.

In the long run an early Bankruptcy may be easier than a slow strangulation by greedy DCA's.

 

There are plenty of arguments against the interest being applied. Have a read through this thread I think I put some up. If you can't find the post let me know and I'll write them again.

 

As an aside I'm in the middle of writing a definitive guide to Charging Orders and will be posting it up over the weekend!

[Belaflat]

Thanks for the reply Sequenci, I found this old post which just about sums up my objections and reasoning.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/143977-changing-ccj-charging-order.html

[sequenci]

Thanks for the reply Sequenci, I found this old post which just about sums up my objections and reasoning.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/143977-changing-ccj-charging-order.html

 

I see I've stuck my oar in on that thread as well hehe!

[babybear39]

I see I've stuck my oar in on that thread as well hehe!

 

Getting about a bit eh :lol:

[sequenci]

Getting about a bit eh :lol:

 

I try my best!

[joemay]

Hey Joe.

 

The creditor you have, is it for an unsecured debt? Have they a CCJ?

 

Hi Sequenci,

 

Yes it's for an unsecured debt, credit card infact. Actually the amount on the cc is a balance transfer from one of my oh's cc. Our financial situation has changed dramatically, both OH & myself are receiving IB.

 

At present there isn't a CCJ. Hoping it will never go that way. Creditor is accepting token payments of £25 pm, they haven't passed it to DCA yet.

 

My only concern is that if they ever do go for a charging order, and as I don't live in the property they may even push for order of sale, but this is my only form of income, I have been on IB for 10year:eek:. OH has recently been diagnosed with mental health condition & it's going to be a long time before he will be able to work again, if ever:sad:

[underdog13]

Hi Sequenci,

 

Yes it's for an unsecured debt, credit card infact. Actually the amount on the cc is a balance transfer from one of my oh's cc. Our financial situation has changed dramatically, both OH & myself are receiving IB.

 

At present there isn't a CCJ. Hoping it will never go that way. Creditor is accepting token payments of £25 pm, they haven't passed it to DCA yet.

 

My only concern is that if they ever do go for a charging order, and as I don't live in the property they may even push for order of sale, but this is my only form of income, I have been on IB for 10year:eek:. OH has recently been diagnosed with mental health condition & it's going to be a long time before he will be able to work again, if ever:sad:

 

Could anyone you trust register a charge on the property? Has a relative or friend lent you any money or done any work on the property for which they are owed payment/have an interest? I believe this charge holder could refuse to allow the second charge from the creditor.

 

The form to register a charge is AP1 from the land registery.

[babybear39]

Joemay, do they know you have another property?

[joemay]

Could anyone you trust register a charge on the property? Has a relative or friend lent you any money or done any work on the property for which they are owed payment/have an interest? I believe this charge holder could refuse to allow the second charge from the creditor.

 

The form to register a charge is AP1 from the land registery.

 

That's very interesting, thanks for that underdog, but as things stand I do have a very large mortgage and not sure if the mortgage company would go for that. Plus in this current climate not sure of how much equity there is, if any.

[joemay]

Joemay, do they know you have another property?

 

Hi babybear, I only have one property. The house we lived in before our troubles started was in my OH's name, but we had to sell for a ridiculous price, in order to cover for the mortgage:mad: otherwise we would have been heading for repossesion. My plan was to move back to my property, but unfortunately we couldn't afford to do so, so we are currently renting. I'm hoping one day to move back, it's the house I lived in most of my life and would hate to lose it:(

 

Not sure if they know I have the property, not something that I have told them, but the mortgage repayments shows on the CRA's so would just require a quick land registery search for them to find out.

[meursault22]

I'm so glad to read the opinions in this thread as I've only come across MPs and other politicians so are in complete agreement with charging orders and the resulting orders of sale. Briefly, I had a charging order placed by the Northampton Bulk Court for a disputed water bill followed up with an order of sale. To cut a long story short, I tried everything to reason with the water company and even paid the disputed bill long before getting to court but they just pressed on with the order of sale adding interest and other administration charges and court costs which were granted to them by the judge. Just three weeks after the hearing, whilst I was trying to come to an arangement with the water company to pay these "costs" which amount to thousands of pounds, the water company have gone ahead and placed another interim charging order for these "costs". I'll just add for thoses who think I'm hiding something, that I'm up to date with all my bills including water but rather than reason with me, they just sneakily keep using charging orders. How wrong it it for them to profit from repossessing property through charging orders and orders of sale in this way? The only thing the Consumer Council for water had to say was that it's up to the judge to decide if it's legal, and if it's legal it's right. It's so refreshing to find opinions like in this thread.

Edited September 13, 2009 by meursault22

[Stephan56]

I am just continually staggered by the complete bias that is seemingly shown towards creditors - and especially with things such as charging orders.

 

I cannot understand why lawmakers and others are so CREDITOR FRIENDLY. There are millions more voters than there are creditors - so what audience are they playing to?

 

People take out unsecured debt and then default. In the the vast, vast majority of cases it is due to a dramatic change, for the worse, in their financial situation. Banks and credit providers factor this in when they price loans and credit cards.

 

To then allow an unsecured debt, by the back door, to be turned into a SECURED debt, and with the possibility of the debtor being "turfed out" of their home, is just ridiculous. Who benefits from people being kicked out of their home.

[meursault22]

To then allow an unsecured debt, by the back door, to be turned into a SECURED debt, and with the possibility of the debtor being "turfed out" of their home, is just ridiculous. Who benefits from people being kicked out of their home.

 

The creditor benefits greatly, especially if there's tons of equity in the property that can be snaffled in adminstration charges. In fact they benefit so much it prompts predatory and aggressive behaviour where it is not warranted. As you say, the lawmakers and courts are very creditor biased and it will always be this way until fundamental changes are made concerning donations to political parties, which of course will never happen.

 

Money speaks all languages!

Edited September 13, 2009 by meursault22

[underdog13]

I'm so glad to read the opinions in this thread as I've only come across MPs and other politicians so are in complete agreement with charging orders and the resulting orders of sale. Briefly, I had a charging order placed by the Northampton Bulk Court for a disputed water bill followed up with an order of sale. To cut a long story short, I tried everything to reason with the water company and even paid the disputed bill long before getting to court but they just pressed on with the order of sale adding interest and other administration charges and court costs which were granted to them by the judge. Just three weeks after the hearing, whilst I was trying to come to an arangement with the water company to pay these "costs" which amount to thousands of pounds, the water company have gone ahead and placed another interim charging order for these "costs". I'll just add for thoses who think I'm hiding something, that I'm up to date with all my bills including water but rather than reason with me, they just sneakily keep using charging orders. How wrong it it for them to profit from repossessing property through charging orders and orders of sale in this way? The only thing the Consumer Council for water had to say was that it's up to the judge to decide if it's legal, and if it's legal it's right. It's so refreshing to find opinions like in this thread.

 

This is one of the most shocking things I have ever read:eek:

 

What water company was this?

[meursault22]

What water company was this?

 

This one AWG Property Limited Anglian Water Group.