Some advice re: an interim charging order pls

[spamheed]

Firstly you need to contact the court to get it relocated to your local county court.

 

We will need a little more information:

 

is your property jointly owned?

do you have any other creditors?

Do you have any children or proveable medical conditions?

How much is the CCJ for?

Have you made any payments against the CCJ?

 

Is there any equity in the property?

[spamheed]

A defence can be formed on the grounds that it will give unfair advantage to one creditor over the others, you carry no liability and should not be penalised for the actions of someone else (even a partner)

 

Securing a debt of £3k against £90k of equity would be quite lucrative for them but seems a little unfair and should be stressed as such to the courts.

 

It would be advisable to find out how much you have paid and how many payments you have missed, contacting their solicitors may be a good idea, although at this stage they have little incentive to negotiate.

 

It may be worth speaking to a solicitor on this matter, most solicitors operaate a free half hour interview and may be able to give you a clearer idea for your defence

[spamheed]

If your other creditors are made aware of this action it will give them the opportunity to object, this can work in your favour.

 

Whilst there isn't a specific template for this scenario, if you look here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html you will find letters covering a range of other circumstances which may be amended to suit.

 

if you have any difficulties come back and post and we'll see what can be done

[spamheed]

sorry for the delay in replying, I tend to pop in and out throughout the day, depending on my workload

 

Take a look at the following post, it bears similarities to your own and you may be able to obtain relevant guidance from it

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170506-charging-order-defence.html

[spamheed]

One thing you mentioned earlier is that your boss lent/gave you £100k to obtain the property, this would certainly give them a vested interest in the property as far as the courts are concerned.

 

As I mentioned in an earlier post, you could still use the unfair advantage defence, or more to the point, your boss could object to the C/O on the grounds of unfair advantage.

 

if this "debt" with your boss is formalised, ie. a written contract with terms and repayment schedule etc. even without any expectation of repayment on either part ( a paper exercise if you will)

 

your boss would then be in a position to oppose the CO on the grounds of unfair advantage.

 

Your boss could effectively, and a lot riskier, even go one step further by seeking a C/O against your property themselves (but hopefully) not enforcing it. This would need to looked into as it may carry with it implications regarding future remortgaging etc, but it would greatly reduce any available equity in the property and make the prospect of a C/O a much less attractive option to any creditor