A guide to Charging Orders & Orders for Sale

[meursault22]

Mrs. E. Blackadder, you've got that right. It's virtually impossible to make a complaint, and if you manage, it's abosolutely impossible for the complaint to come out in your favour, and don't they all know it! In my case, it just cost me loads of extra money. The message from the judiciary is loud and clear. If you try to complain about blatant bias and miscarriage of justice, it will only cost you more.

[regan11]

I wonder if anyone can help me? Can a creditor get a charging order on a statute barred debt and if they have is it valid?

Quick reply would be most helpful' Thanks.

[Mydogsawestie]

I think If your debt is older than 6 years and you haven't contacted them or repaid anything then you can deny you owe the debt.

You should be covered by the Statute Barred legislation which stops any debt over 6 years being able to be enforced.

[Mydogsawestie]

I wonder if anyone can help me? Can a creditor get a charging order on a statute barred debt and if they have is it valid?

Quick reply would be most helpful' Thanks.

You can send them this..... http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[regan11]

Thanks for your input Westie most appreciated can you help with the second part of my question i.e.If a debt is

statute barred and the creditor gets a judgement on it [by default] is it valid?

[sequenci]

I wonder if anyone can help me? Can a creditor get a charging order on a statute barred debt and if they have is it valid?

Quick reply would be most helpful' Thanks.

 

Have they a judgment?

[Ganymede]

Thanks for your input Westie most appreciated can you help with the second part of my question i.e.If a debt is

statute barred and the creditor gets a judgement on it [by default] is it valid?

 

 

 

If a debt is statute barred the creditor can not get a valid judgment, and without a valid judgment the creditor cannot get a charging order.

[the_shadow]

If a debt is statute barred the creditor can not get a valid judgment, and without a valid judgment the creditor cannot get a charging order.

 

[caveat]................but the courts will do nothing and will not even know its a stat barred debt unless the charging order application/court claim is defended and you tell them its stat barred of course...

 

S.

[regan11]

Interesting. Yes they have got a judgement and are now attempting an order of sale, but I'm wondering that if I point out that

the original CCJ was stat barred then all following judgements are invalid, Any advice would be most welcome. Thanks.

[Mydogsawestie]

AJ you can fill out an N244 for starters to set aside the Judgment.

 

When will the court agree to set aside a judgment?

 

The county court rules set out when you can apply to set aside a judgment. For example:

 

• You may not have received the original claim form.
  
• You may have moved house and not had post from your previous address.
  
• An order was made against you in your absence in certain circumstances.
  
• There may be an error in the judgment.
  
• You want to put in a defence and did not have the opportunity to do this.
  
• The proceedings did not follow the court rules
  

Maybe some of this post code help?

 

Help with N244 form - set aside CCJ

http://www.consumeractiongroup.co.uk/forum/showthread.php?220589-Help-with-N244-form-set-aside-CCJ&p=2438635&viewfull=1#post2438635

 

[regan11]

Thanks Westie. I think I have reasonable grounds.

[Frizby]

Is there any way of transferring a Final Charging Order from one property to another if I move house?

[Ganymede]

Is there any way of transferring a Final Charging Order from one property to another if I move house?

 

 

Yes, it's eay enough to just register the CO on a different address.

[Frizby]

Thanks for that, but what is the process?

How do I get the party (in this case Shoosmiths - a highly responsive and helpful oganisation ) holding the charge to agree to move it? - or can I just do it via the County Court?

[GAVBU28]

A friend of mine has posted a thread further down that isn’t getting much attention and his internet has gone down so can I please post his situation here.

Basically he’s had a ccj registered against him and he decided to just ignore it in the hope it would go away, it didn’t and cabot got the ccj. The debt isn’t statute barred and stands at around 5k. Original creditors Morgan Stanley/goldfish.

Cabot have a hearing in Norwich set for the end of September for the charging order, can anyone advise him on what to do next. I’d imagine the goldfish account if full of holes, but he doesn’t now have time to SAR anyone because he’s just ignored the ccj and hoped it would go away and the hearing is in 3 weeks.

He thinks he needs to travel to Norwich, which obviously he doesn’t, he needs to transfer closer to home, but can he delay the hearing in any way to get his SAR out to cabot and Goldfish.

Any help would be much appreciated; this is just another example of someone being bullied by cabot when they just don’t have funds to pay. He’s made several verbal offers to pay which they’ve declined, he’ll not be speaking to them over the phone again.

Thanks people.

[CoventryCrusader]

Hi

 

just want to clarify the process regarding charging orders

 

if by the faintest chance i loose my case against MBNA/OPTIMA and get a ccj , do i automatically have an option to arrange monthly payments via the court?

 

if i make payments on time and do not miss any can they get a charging order?

 

can the force me to sell if i am paying in accordance with the payment plan?

 

debt plus costs if i loose would be approx £14k

[Ganymede]

A friend of mine has posted a thread further down that isn’t getting much attention and his internet has gone down so can I please post his situation here.

Basically he’s had a ccj registered against him and he decided to just ignore it in the hope it would go away, it didn’t and cabot got the ccj. The debt isn’t statute barred and stands at around 5k. Original creditors Morgan Stanley/goldfish.

Cabot have a hearing in Norwich set for the end of September for the charging order, can anyone advise him on what to do next. I’d imagine the goldfish account if full of holes, but he doesn’t now have time to SAR anyone because he’s just ignored the ccj and hoped it would go away and the hearing is in 3 weeks.

He thinks he needs to travel to Norwich, which obviously he doesn’t, he needs to transfer closer to home, but can he delay the hearing in any way to get his SAR out to cabot and Goldfish.

Any help would be much appreciated; this is just another example of someone being bullied by cabot when they just don’t have funds to pay. He’s made several verbal offers to pay which they’ve declined, he’ll not be speaking to them over the phone again.

Thanks people.

 

 

The claim should have been transferred to the Defendant's local court for enforcement so tell your friend to write to the court and request it be transferred as it is too far away and he cannot get time off etc. It will give him a few extra weeks if he's lucky.

[Ganymede]

Thanks for that, but what is the process?

How do I get the party (in this case Shoosmiths - a highly responsive and helpful oganisation ) holding the charge to agree to move it? - or can I just do it via the County Court?

 

Getting them to agree to moving the charge is the difficult part.

 

Only the Claimant can remove it. First they would have to apply to the Land Registry to have the charge removed from your old property and then pay the Land Registry again to have it placed on your new property.

 

It would be a hassle and cost the Claimant money so is unlikely to happen, but easy enough if they wanted to.

 

Write to them and ask if they would be willing. It's worth a go...

[Ganymede]

Hi

 

just want to clarify the process regarding charging orders

 

if by the faintest chance i loose my case against MBNA/OPTIMA and get a ccj , do i automatically have an option to arrange monthly payments via the court?

 

if i make payments on time and do not miss any can they get a charging order?

 

can the force me to sell if i am paying in accordance with the payment plan?

 

debt plus costs if i loose would be approx £14k

 

 

 

If you lose and get a CCJ, the court will either award the judgment forthwith (payable immediately) or set a rate of installments which you must maintain - this is entirely at the courts discretion and you can only try to convince the District Judge by taking your income & expenditure with you. If you miss a payment then the Claimant can then apply for a charging order.

 

However, you may still get a charging order even if you never miss a payment. It is quite common for the Claimant to apply to the court after it has set an installment rate to redetermine the order to allow for a charging order alongside the installment plan for security, especially if it will take hundreds of years to repay. There is some debate on here as to whether the Claimant can do this but trust me it happens a lot and is allowed.

 

Once the C/O is granted (if it is) then you can ask the court to set an installment rate that you can maintain and the Claimant will not be able to go for an order for sale and repossess your house unless you default. OFS are very rare but do happen if the debt is large and there is a lot of equity, but a court will almost certainly not grant one if you have kids etc living there. If you do default then there are a couple more hearing to go to before your house is repossessed so you can argue your case again.

[CoventryCrusader]

Thanks for that. Put my wifes mind at ease

 

in that case i will make sure i win........

[GAVBU28]

The claim should have been transferred to the Defendant's local court for enforcement so tell your friend to write to the court and request it be transferred as it is too far away and he cannot get time off etc. It will give him a few extra weeks if he's lucky.

 

Thanks for that, he's done just that and also got an extension on the hearing date which gives him time to SAR cabot and the original creditor.

[regan11]

Hi guys need a some more help here. I have recieved a letter from the solicitors demanding that, under the CPR rules I furnish them with a copy of my most recent mortgage statement and a valuation of my house. Is there a provision in the CPR that a defendant supply the oppositionwith any documentation. Sw ift advice would be greatly appreciated. thanks.

[the_shadow]

Hi guys need a some more help here. I have recieved a letter from the solicitors demanding that, under the CPR rules I furnish them with a copy of my most recent mortgage statement and a valuation of my house. Is there a provision in the CPR that a defendant supply the oppositionwith any documentation. Sw ift advice would be greatly appreciated. thanks.

 

Hmm what part of the CPR are they quoting....and do you have an ongoing court case or are they fishing prior?

 

S.

[frettful38]

My OH received a CCJ in 06 for approx £10k. He was discharged from bankruptcy in 03. In 08 HMRC reduced OH's tax liability by £4,600.00 because they said that this sum should have been taken off due to his bankruptcy.

 

In 08 the court agreed that HMRC were not allowed to place a charging order on our house as long as OH kept to paying his £15 a mth. My OH has never been late and always paid this debt on time.

 

He has however been looking in to his tax debt with HMRC and found many many flaws and serious errors made by HMRC and has been in contact with them for nearly 8 months writing to find out why these errors are and the sum owed to HMRC was never correct from the beginning and my OH is disputing this with HMRC.

 

HMRC have now written to OH saying it may be necessary to apply to the court for a charging order to be placed on my property.

 

I know that HMRC are always receiving publicity as they botch up so many things, but my worry is are they allowed to place a charging order over my house as this is my OH'd debt? and would I be allowed to have a say because I do not want any charging orders over my house especially after the last time.

 

My OH wants to challenge HMRC as the mistakes they have been are beyond belief and I am more than certain that if these were put in front of the judge he would give HMRC a right rollocking.

 

So my question is that are HMRC alowed to apply for a charging order and if so is there anything I can do to dispute.

 

In fact I was thinking that if HMRC should apply for a charging order would the court give my OH an opportunity to have his say and if he disagreed what were his reasons. If that was so then it would be much easier to put his case forward about why he believes HMRC are wrong.

 

Any help would be great, nothing has happened yet but I just want to be prepared that's all.

[Ganymede]

My OH received a CCJ in 06 for approx £10k. He was discharged from bankruptcy in 03. In 08 HMRC reduced OH's tax liability by £4,600.00 because they said that this sum should have been taken off due to his bankruptcy.

 

In 08 the court agreed that HMRC were not allowed to place a charging order on our house as long as OH kept to paying his £15 a mth. My OH has never been late and always paid this debt on time.

 

He has however been looking in to his tax debt with HMRC and found many many flaws and serious errors made by HMRC and has been in contact with them for nearly 8 months writing to find out why these errors are and the sum owed to HMRC was never correct from the beginning and my OH is disputing this with HMRC.

 

HMRC have now written to OH saying it may be necessary to apply to the court for a charging order to be placed on my property.

 

I know that HMRC are always receiving publicity as they botch up so many things, but my worry is are they allowed to place a charging order over my house as this is my OH'd debt? and would I be allowed to have a say because I do not want any charging orders over my house especially after the last time.

 

My OH wants to challenge HMRC as the mistakes they have been are beyond belief and I am more than certain that if these were put in front of the judge he would give HMRC a right rollocking.

 

So my question is that are HMRC alowed to apply for a charging order and if so is there anything I can do to dispute.

 

In fact I was thinking that if HMRC should apply for a charging order would the court give my OH an opportunity to have his say and if he disagreed what were his reasons. If that was so then it would be much easier to put his case forward about why he believes HMRC are wrong.

 

Any help would be great, nothing has happened yet but I just want to be prepared that's all.

 

 

 

Hi,

 

Firstly, has your OH stopped amking the payments at any point? If not, then unless HMRC go back to court and the judge has said otherwise, HMRC cannot apply for a charging order and I would get your other half to point this out to them in no u ncertain terms!

 

If it gets that far, you will be notified in writing of the application for an charging order and you can write to the court to object. I don't think you'll be allowed to speak at the hearing as it is your OH's debt but he will definitly have the chance to put his side across at the final charging order hearing. It is possible for your OH's sole debt to be registered against your jointly owned house in the form of a restriction, and unfortunatley in reality there is very little the co-proprietor can do about it.

 

If your OH wants to dispute the original CCJ then that is a different matter for a different day and will involve a seperate set aside hearing as most probably HMRC are just trying to scare you for now.