charge on house

[halloween]

Hi I hope I'm doing it right this time but my head is spinning.

Cohen are having a charge put on our house for approx £1200 and I'm scared to death.We're not sleeping ,eating .Husband just put the 1st lot of papers away w/out filling them in.So now they are putting it on the house at Bradford court.

I am terrified we'll lose our house,we're both disabled and this is terrifying

thank you

[spamheed]

Do they have a ccj?

Have they already been through the courts?

 

You will need to rpovide a little more information.

 

What is the original debt for?

are there any charges included in this amount?

is there any equity in the property?

[halloween]

i honestly dont know what he's had in the post and kept from me but he's severely dyslexic apart from anything else.i'm his registered carer.

[halloween]

he owns this house with our daughter who lives with us ,her partner and 2 babies.she was mortified at what she received ,she didnt know anything about it and she already has PND.

[spamheed]

There is no generic defence against a charging order. the most successful defences seem to be based on finding a fault with the process prior to seeking the CO. the government have told the financial instituions to leave repossessions and Charging Orders as the final solutions in debt enforcement, so the question is, what exactly has been ignored? what actions have the DCA taken to try and resolve this? what actions has your Husband taken

 

The courts generally see a CO as an enforcement of a CCJ or similar and their opinion is that if the CCJ is sound then a debtor has a right to secure the debt. especially if the debtor has defaulted on any repayment plan for the CCJ.

 

If the CCJ was obtained unlawfully, or there were reclaimable charges included in the order then it may be possible to have the process reversed, but without any history or further information it would be difficult to offer any constructive advice in that direction.

 

Questions that really should be answered would include:

 

What is the debt for and what was the original defaulted amount.

What (if any) charges have been added to the amount

what repayment options (if any) were agreed when the CCJ was awarded

What sort of equity is available in the property

 

Although it is a little late in the day at the CO hearing it should still be possible to negotiate a repayment plan, or have the judge agree that there can be no order for sale of the property on condition the repayment plan is kept. in the scale of things £1200 is not a great deal of money and to lose ones home for such an amount would be a complete travesty and the court should actively seek to avoid this, especially given that there are children living there

[halloween]

i do apologize for my manner.i'm not normally like this.we have no defaults on our mortgage .everything is fine with heating,water ctax etc.we just let other debts slide.but i never knew how bad he'd let it go.his dyslexia hasnt helped but i do wish he could have told me about this.it seems he received the ccj from Northampton ,and ignored it .now this hearing will be held in Bradford court and we're the other end of the country.it's no use getting it moved to local as we cant attend anyway.so ,oh i dont know .i've not slept properly since friday night and the morphine and dihydrocodeine i'm on has made me spaced out .we just musnt lose the house ,it's been adapted primarily for us.

cohen really couldnt give a **** could they.

[postggj]

i am getting confused

 

can we have threads merged

 

thisis the second thread on this

[diddydicky]

i am getting confused

 

can we have threads merged

 

thisis the second thread on this

 

first of all relax and take a deep breath- a charging order does not entitle them to take your house.

 

secondly even if they did want to sell your house - which would only be possible if you did not keep up the payments that the court orders- with disabled people AND young children living there it would be EXTREMELY unlikely that a judge would make such an order,

 

 

thirdly- a judge will not agree to a creditor selling your house for a 1200 pound charging order

 

however, if you OH continues to stick his head in the sand it will not help matters

 

get all of the documents out that you have and get them in date order-

 

then let us know what you have got

[diddydicky]

in the meantime and whilst we are looking at what you have- may i suggest that you contact his doctor and get a letter confirming his condition and the fact that he cannot understand these documents- this will be vital in getting the original CCJ set aside