A guide to Charging Orders & Orders for Sale

[bathspray]

Hi please could any one help on this.

CSA CHILD SUPPORT AGENCY are applying for a Charging Order on our house.

 

The house was purchased approx 2 1/2 years ago and bought in my name solely, but for both my partner and I, at the time we had one child - we now have 2 little boys aged 3 and 6.

 

I have one child with a previous partner and this is the CSA case. My daughter is now 9.

 

It is complicated in that my ex partner is married to my present partners ex boyfriend.

 

I have been disallowed access or the likes by my ex since my daughter was 3.

 

Albeit right or wrong i have not paid maintenance for this reason. They are now saying I owe £10500

 

My present partner paid £10K into the property when we bought it but is not named on the mortgage as she had a CCJ and could not be put onto the mortgage at the time.

 

Are we about to lose our house and become homeless with 2 children.

 

My partner works part time and I look after our children.

 

Many thanks for taking the time to read this post and I hope someone may be able to help.

Edited March 23, 2010 by bathspray

[CBR600F]

I think you need to create a new thread with this.

[aluta_continua]

Hi all, is it possible for a charging order to be made on a default judgement which is subject to set aside application and of which a hearing date has been set?

[Knackered]

Well I've got my hearing on Wednesday 2pm (see other thread)

 

I am, I hope, at least going to be able to get an opinion from the judge as to whether it is fair that an unsecured CC debt with mega interest can be turned into a secured debt and in particular for the full amount.

 

 

 

 

How did this go cbr600f???

[CBR600F]

In my CO hearing the judge basically agreed that it was unfair but not unlawful for this to happen, particularly after I had mentioned that the creditor had benefited from high rates of interest on the debt.

 

Further when I mentioned about other creditors as to this being unfair to them, she referred to the application and then asked the sol for confirmation that they had informed the other creditors. The sol answered yes (I not if he was telling the truth..) and she then said that the hearing was an opportunity for them to raise their objections and quite simple they hadn't!

 

She then made great pains of saying and confirming with the sol that interest was not being applied to the debt since the original judgment date and that HFC were not seeking a forced sale.

 

Further she said it is now effectively an interest free loan, with no repayments and to be repaid at some FAR point in the future!

[Mydogsawestie]

Well I've got my hearing on Wednesday 2pm (see other thread)

 

I am, I hope, at least going to be able to get an opinion from the judge as to whether it is fair that an unsecured CC debt with mega interest can be turned into a secured debt and in particular for the full amount.

 

How did this go cbr600f???

 

Hi Knackered how did it go today, hope it went ok for you & hope to read your write up soon.

[CBR600F]

I read somewhere on CAG about the statute of limitations (or something like that) being six years.

 

How does that work with COs?

[sequenci]

I read somewhere on CAG about the statute of limitations (or something like that) being six years.

 

How does that work with COs?

 

It doesn't as legal action has already been brought.

[CBR600F]

Ah I see, shame though:D

[sequenci]

Ah I see, shame though:D

 

It was challenged in Yorkshire Bank Finance Ltd V Mulhall [2008] EWCA Civ 55 - the court found that there would be no limitation argument

[meursault22]

Does anyone know for sure the threshold that allows orders of sale?

I've found conflicting information.

[CBR600F]

I know nothing about the level, all I know, that if its a solely owner property then it easier.

 

Post up what you have and I am sure others, with more knowledge will help.

 

CBR

[sequenci]

Does anyone know for sure the threshold that allows orders of sale?

I've found conflicting information.

 

That's an interesting question, I'll try and find out!

[vint1954]

The situation is confusing around joint properties.

 

A poster on another forum is adamant that full orders can only be applied to soley owned land or property. Others have responded saying that the poster is confused and restrictions are only placed when there is an interim charging order, and that full orders can be placed on jointly owned property.

 

Turning to the land registry website, it does appear that full charging orders can only be used on soley owned properties or properties held in trust for one beneficiary. The language however, is not clear.

[meursault22]

It would be good to know for sure and where exactly to find the information because the Tribunals Courts and Enforcement Act 2007 supposedly allows for a threshold to be set for both charging orders and orders of sale, but according to some, no threshold has been officially set, and others give differing figures of up to £2000.

The courts also seem confused by this.

 

My other question is if there is a set threshold, are there exceptions such as utilities?

[sequenci]

 

A poster on another forum is adamant that full orders can only be applied to soley owned land or property.

 

I've had hundreds of clients who have had charging orders placed on jointly owned properties. Remember that the charge would only sit on their share of the equity.

[vint1954]

I've had hundreds of clients who have had charging orders placed on jointly owned properties. Remember that the charge would only sit on their share of the equity.

Yes, there was discussion that the status changes from joint tennants to tennants in common to include the party with the Charging Order, once the order is finalised.

 

Do the CO's on your clients properties, show up on the registry as full orders?

[sequenci]

Do the CO's on your clients properties, show up on the registry as full orders?

 

Good question and one to which I don't know the answer to. It's not often they come back to us at that stage - we provide a self-help advice service so most people would deal with things themselves, or get referred on for casework/solicitor support.

 

I'll try and find out for you though!

[vint1954]

Good question and one to which I don't know the answer to. It's not often they come back to us at that stage - we provide a self-help advice service so most people would deal with things themselves, or get referred on for casework/solicitor support.

 

I'll try and find out for you though!

Much appreciated.

[mkb]

Hi guys

 

Have read the thread with interest(no pun intended) but still have questions

 

I have a creditor who has a CCJ for a debt of £1800. Judge ordered monthly instalments of £12 as I am on benefits. 1st payment was orderd by 20/03/2010 so standing order set up for 4th of each month.

 

Wed. I get a Notice of Hearing to attend court miles away in 2wks for hearing to consider claimants request for variation order.

 

Today I get the claimants paperwork - they are asking for forthwith judgement and C.O. claiming that the post-judgment contractual interest is increasing the debt and the payments are not reducing it.

 

The agreement does allow for post-judgmental contractual interest at 2% per month. It was for leased equipment for a business venture and regulated under CCA 1974.

 

I have written to court and asked for hearing to be transferred to local court but wont know result of this for week or so I guess.

In the meantime though I need to put a defence together - oh joy!

 

Questions (and forgive me for being dense at times LOL):

 

a) is there case law which prevents contractual interest continuing after award of CO?

 

b) if so, surely I am better to accept the CO than to have ongoing 2% monthly interest?

 

c) if CO in place, do payments continue as well or are they ceased until such times as house is sold?

 

d) shouldn't they have asked for a list of all other creditors to inform them of their intended actions or is this only for secured creditors such as mortgage co etc?

 

I have started a thread here http://www.consumeractiongroup.co.uk/forum/legal-issues/258102-creditor-wants-charging-order.html#post2907016

 

Many thanks for all your help

(she says hopefully LOL )

Edited May 2, 2010 by mkb

[mummsy]

Hi not been on here for a long time

I've got a mega problem concerning my mother... shes in her sixties and registered disabled

She received a letter 2 years ago saying a charging order was being placed on her property but she never did anything about it. Then yesterday she got a letter from a solicitor saying that they were going to force a sale unless a payment of 17k was made by the 14th of this month.

She doesnt know who the solicitors are acting on behalf of and she is going out of her mind. She's not in the greatest of health and i think the stress of all of this is going to be too much.

Any help and advice would be gratefully appreciated

[the_shadow]

Hi not been on here for a long time

I've got a mega problem concerning my mother... shes in her sixties and registered disabled

She received a letter 2 years ago saying a charging order was being placed on her property but she never did anything about it. Then yesterday she got a letter from a solicitor saying that they were going to force a sale unless a payment of 17k was made by the 14th of this month.

She doesnt know who the solicitors are acting on behalf of and she is going out of her mind. She's not in the greatest of health and i think the stress of all of this is going to be too much.

Any help and advice would be gratefully appreciated

 

Hi Mummsy,

 

This needs to be posted in the main legal section as this is a "sticky" now, that is a reference thread rather than a live one.

 

As to your question your mother needs to get hold of some information asap before she can decide the best path to go down. IMO she needs to contact the solicitor and request information about the judgment (claim details and court) they claim to have against here. Then she needs to contact the court involved and ask details of the case.

 

She has a case for setting aside the original claim verdict if she was never told of the case and has a defendable case.

 

Oh and the solicitors HAVE to divulge who they are acting on behalf of.

 

S.

[lemonswife]

Hi, I am brand new on here so hope I am in the correct place!

 

A charging order has been put on our property for a debt of £5,035 (originally a £3000 credit card debt) and has since been sold on to another company.

 

This new company is trying to force us to pay this debt and is now threatening to do an attachment of earnings on my husbands wages to get their money.

 

We have other debts with payment agreements for £1 per month, several times over and are barely making ends meet.

 

We have offered, via the CAB to pay £5 per month off this debt which they refused. We have however asked on 2 occasions for the bank details so that we can make payments to the solicitor anyway. They have never been sent and we have now had a letter informing us we haven't kept up our agreement (they wouldn't make one with us) so they are going to get an attachment of earnings.

 

Can they do this?

 

Thanks so much in advance.

[askin1974]

hi there,

i offically divorced but financially we havent been agreed with anything.the house is sole my ex husbands name and he got lots of debts,they are already started to puting charges in the house and my solicitor cant do anything about it.

is there anything i can do about it...my ex husband and i r more likely enemies to each other and he wont help me with this matter.i am paying the mortage and mortage and house only his sole name and also his debts.but how to stop debts to putting the charges in the house

any help any advice is great

thanks

[Ganymede]

Hi, I am brand new on here so hope I am in the correct place!

 

A charging order has been put on our property for a debt of £5,035 (originally a £3000 credit card debt) and has since been sold on to another company.

 

This new company is trying to force us to pay this debt and is now threatening to do an attachment of earnings on my husbands wages to get their money.

 

We have other debts with payment agreements for £1 per month, several times over and are barely making ends meet.

 

We have offered, via the CAB to pay £5 per month off this debt which they refused. We have however asked on 2 occasions for the bank details so that we can make payments to the solicitor anyway. They have never been sent and we have now had a letter informing us we haven't kept up our agreement (they wouldn't make one with us) so they are going to get an attachment of earnings.

 

Can they do this?

 

Thanks so much in advance.

 

 

 

I'm afraid that there is nothing to stop them from making an attachment of earnings applicatio as at the end of the day you have a judgment against you and you owe them money! They do not have to accept your offer of £5 per month especially if it is a large debt.

 

Try and increase your payment offer. If the do make the application try and get the attachment order suspended so it is not made a full order.