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s4ddys

Lloyds/Sechiari Clark & Mitchell - Interim Charging order

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I have an individual query that I wondered if someone would be able to answer.

 

I got a CCJ from Lloyds (Solicitors Sechiari, Clark and Mitchell) for £2100 back in January and was asked to pay £60.00 per month by the court.

 

 

I meant to set up a standing order to start February, but forgot to do it,

I made payment in February for £60.00 and then forgot all about it.

 

 

I got a letter last week with an interim charging order on my house due to having £180.00 arrears as of June.

I phoned S,C&M today to ask if I could pay off the arrears and stop the order.

 

 

They said they would speak to Lloyds TSB who only offered a figure of £1700 in total to pay it off,

but if I couldnt do this there was nothing they could do and they would continue with the order.

 

This is now totally preying on my mind and causing me stress.

I am going to write to Lloyds and send a copy to the court but was wanting advice on the points below

if someone would be so kind:

 

*The house is in joint names with a friend (not partner) and that is the only think we have us linking us together.

Does that make any difference?

 

*The house is in serious negative equity.

My mortgage is 7 months in arrears and I have had problems all the way through keeping up with payments,

 

 

I bought the house in Jan 2007 for £89,000.

Is is probably worth about £85,000 now due to the credit crunch,

but with all charges and interest on my mortgage (was a 100% mortgage) I know owed nearer £95,000 on my last statement.

I am trying to clear the arrears at £100 per month.

Would this make a difference?

 

*S,C&M have sent absolutely no correspondence about my CCJ arrears so I was not aware

 

*I am willing to start paying the £60.00 per month as of next week, but would struggle to make my mortgage arrears payment this month if I paid off the whole lot.

 

*I have also noticed a mistake on the application for a charging order.

S,C&M have quoted the judgement was for £3580.77,

however, I disputed the amount and they agreed to accept £2100.

So on the form section 2 about the judgement debt is incorrect.

Would it make a difference if I complained about this?

 

*Furthermore, having just looked through the paperwork

I realise the iterim charging order was granted on the 4th June 2009 at Leeds County Court.

Should I have had notification of this?

 

Could someone please provide some advice ASAP as I am going out of my mind with worry, and my mate is giving me serious hassle about the court papers coming to our address etc.

 

thanks and kind regards

 

s4ddy


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I've moved Sequenci's advice over.

 

Originally Posted by s4ddys viewpost.gif

I have an individual query that I wondered if someone would be able to answer.

 

Hello there, I'll have a go. You may wish to start your own thread too though as you may get more assistance.

 

 

I got a CCJ from Lloyds (Solicitors Sechiari, Clark and Mitchell) for £2100 back in January and was asked to pay £60.00 per month by the court. I meant to set up a standing order to start February, but forgot to do it, I made payment in February for £60.00 and then forgot all about it. I got a letter last week with an interim charging order on my house due to having £180.00 arrears as of June. I phoned S,C&M today to ask if I could pay off the arrears and stop the order. They said they would speak to Lloyds TSB who only offered a figure of £1700 in total to pay it off, but if I couldnt do this there was nothing they could do and they would continue with the order.

 

 

I'm sorry to learn of this. The only thing that you can do is apply to vary the terms of the court order to see if the court will accept instalments again. You can do this by making an application on a form called n245; there is a £35 fee. The underlying problem here, however, is that it is unlikey to stop the charging order process as the creditor has the interim charge.

 

 

*The house is in joint names with a friend (not partner) and that is the only think we have us linking us together. Does that make any difference?

the charging order would only register against your share of any potential equity. As the house in in joint names with a friend it may be possible for the creditor to apply for an order for sale, although in negative equity I doubt they will do this.

 

 

*The house is in serious negative equity. My mortgage is 7 months in arrears and I have had problems all the way through keeping up with payments, I bought the house in Jan 2007 for £89,000. Is is probably worth about £85,000 now due to the credit crunch, but with all charges and interest on my mortgage (was a 100% mortgage) I know owed nearer £95,000 on my last statement. I am trying to clear the arrears at £100 per month. Would this make a difference?

You need to object in writing to the charge being made final as the house is in negative equity, your friend should do this too. All objections need to be sent to both creditor and court at least 7 days prior to the hearing - you both should really attend the hearing too.

 

If the charging order is made final you can ask the court to pay the instalments still, you could make it a condition that the creditor cannot apply for an order for sale so long as you keep up with your instalment.


 

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Anything else on the other parts please?

 

Am still waiting on a reply if anyone else can help?

 

Cheers


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You don't get to hear about the Interim Charging Order until it hits your doormat.

 

If you have written proof from **** that they agreed a lower figure then write to them asking them for further details.


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Could you expand a little please?

 

Nudge............


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To get an Interim Charging Order, the creditor simply applies to the court for a Charging Order.

 

There is no hearing for the initial application and the court will then issue an Interim Charging Order and provide a date for a hearing for the Interim Charging Order to be made final.

 

Not a very pleasant way to find out, but that's the system !


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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