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Charging order


Andy h
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Friday the 17th July i attended county court to try to stop a charging order on my house for a debt that was £1500 after a ccj £1700 and now £1900 , i thought that i could stop it.

 

The agent for Shoosmiths was friendly but i was aware and did not say a lot to him.

 

The Judge granted the charging order even thought the mortgage is for £112,800 with £1600 arrears and the property value is £85,000 125% Rock mortgage , i argued that there was too much negative equity but his reply was, that he was putting on some very rose tinted glasses and if the house price increased to £150,000 i could ride off into the sunset with £30,000.

 

The judge kept the payment at £5.46 and i was informed that Shoosmiths cannot apply for anymore.

 

My question is should i appeal against this or has the judge done me a favour in stopping them coming after me for more money.

Can i claim the costs back as i receive child tax credit and working tax credit.

 

The problem is now that there is a charging order on the house my chances of selling it are limited.

It was anyway with the neg equity.

Thanks.

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Hi, Andy.

 

I'll move this thread to Legal Issues, hopefully you'll get some help.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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The only way to get the charging order removed would be to set aside the CCJ.

 

Have aread of these threads -

 

help with CCJ/charge on home asap

 

 

 

A guide to Charging Orders & Orders for Sale

 

 

 

Removal of CCJ's - Main Menu

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

and this gem of a post ( Courtesy of FunkyFox ) -

 

FunkyFox post

 

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