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Removing a Charging Order


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Before I found this and other sites I had a Charging Order made against my property by MBNA/Restons.

 

I didn't know about CCA requests etc.

 

They got a bulk CCJ from Northampton with an award of £430pm on a 13K debt - Payplan submitted I&E etc.

 

I applied for redetermination (or payplan did) and it was TX to my local CC.

 

Inbetween the original Auto award and the redetermination date the first payment became due so I effectively defaulted as I was only paying my normal payment via Payplan and they slapped in an Interim CO.

 

It seems unfair that this can happen as the original repayment has not yet been redetermined but it does.

 

The redetermination and Final CO hearing were set on consecutive weeks with the redetermination first.

 

They didn't turn up for the redetermination hearing but sent a letter saying they would be there the following week for the Final CO hearing and could we adjourn and hear both together the following week. I tried to get an installment order on the day but the judge adjourned it to the following week to hear the two together.

 

At the final CO hearing / redetermination they stated they would not go for an order for sale and would accept the payments Payplan offered if a CO was granted. All the other creditors had been served notice on the paperwork but none of them could be bothered to object - so the Judge blew the "prejudicial to other creditors out the water " - you can't really argue with the logic.

 

My question is if I apply for a CCA from MBNA and it is not valid can this be grounds to overturn the CCJ and thus CO or is it to late ??? has this ever happened ??? - I am now resident in Scotland.

 

Secondly if you get divorced and want to "give the house" to your wife as part of the settlement can a Judge throw the CO out and return it to an unsecured debt thus ensuring your spouse gets the house unburdened by a CO.

 

Thanks:D

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hiya butts

 

you make some very interesting points, however, i can only offer some support as all this is still pretty new to me,,,but i take notice of your expereince, albeit it was not a good one for you

 

i really hope that someone with good knowledge of this will come along to answer your concerns, im subbing to the thread and will pop in and if i can find anyone or other threads that will help you will link them in this thread for you

 

good luck,,, laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya butts

 

you make some very interesting points, however, i can only offer some support as all this is still pretty new to me,,,but i take notice of your expereince, albeit it was not a good one for you

 

i really hope that someone with good knowledge of this will come along to answer your concerns, im subbing to the thread and will pop in and if i can find anyone or other threads that will help you will link them in this thread for you

 

good luck,,, laters angel x

 

Ta very much Angel:D

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  • 2 weeks later...

Quote:

Originally Posted by Butts;

 

My question is if I apply for a CCA from MBNA and it is not valid can this be grounds to overturn the CCJ and thus CO or is it to late ??? has this ever happened ??? - I am now resident in Scotland.

 

when was the CCJ awarded, did you sign the court papers admitting the debt?

Edited by questioning

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