Egg/dryden lost dual CCJ Card+Loan - No REstons after CO.

[large boy]

Reading through the bits, does this mean that if I am filing for bankruptcy, they cant put this order on me?

 

I can have documents to prove that I paid nothing toward the deposit, my partner ownes 95% of the property so, can they still go through with this if my share is minimal and wont cover the debt?

[sequenci]

Reading through the bits, does this mean that if I am filing for bankruptcy, they cant put this order on me?

 

It depends on which order gets made first, why are you petitioning for bankruptcy?

 

I can have documents to prove that I paid nothing toward the deposit, my partner ownes 95% of the property so, can they still go through with this if my share is minimal and wont cover the debt?

 

The order will be placed on your legal share of the property.

[large boy]

What if my legal share of the property doesnt cover the debt?

[sequenci]

What if my legal share of the property doesnt cover the debt?

 

It could still be applied. It's just likely that the creditor wouldn't get their money in full if and when the house is sold.

[large boy]

Is there any way I can avoid this?

 

What if I offered them a monthly repayment scheme, would that stop the action?

 

As we stand, they havent contacted me to ask for any repayment at all, just gone straight for the property

[sequenci]

What did you do with the original county court claim form?

[large boy]

Sorry, what county court claim form?

 

I've never received anything since the court order was awarded

[Undercover-Elsa]

I understand it's in the pipeline, or already law, that Orders for Sale cannot be made for debts less than £25,000.

(Has this come in yet, Sequenci?)

 

Elsa x

[large boy]

Bump

[Ell-enn]

You say you lost to Egg and there followed a court order. Therefore the case you lost was a County Court Claim and there would have been documents sent to you from the court, do you still have those original documents from when you defended the claim?

[sequenci]

I understand it's in the pipeline, or already law, that Orders for Sale cannot be made for debts less than £25,000.

(Has this come in yet, Sequenci?)

 

Elsa x

 

Not yet and i REALLY hope it doesn't either. If it did, creditors would simply bankrupt everyone instead. Much worse an option!

[Ganymede]

I understand it's in the pipeline, or already law, that Orders for Sale cannot be made for debts less than £25,000.

(Has this come in yet, Sequenci?)

 

Elsa x

 

 

This isn't true and I've not heard of anything?

[sequenci]

This isn't true and I've not heard of anything?

 

It was mooted by the government, but nothing has moved since.

[Ganymede]

It was mooted by the government, but nothing has moved since.

 

 

Ok cheers, thought not.

[large boy]

The papers I received state;

 

IT IS ORDERED THAT

 

1. The Defence is struck out and there shall be summary judgement for the claimant for £******* together with the costs of the claim assesed summariliry at £***** a total of £********

[Ganymede]

The papers I received state;

 

IT IS ORDERED THAT

 

1. The Defence is struck out and there shall be summary judgement for the claimant for £******* together with the costs of the claim assesed summariliry at £***** a total of £********

 

 

 

 

Does it say why your defence was struck out?

 

What evidence do you have for to 95/5 split in equity of the property?

[large boy]

Sadly it doesnt give any reason as to why the defence was struck out

 

We have no eveidence of the split except that my pertenr paid the full deposit and has been paying the mortage on her own for the last two years while ive not been earning.

 

What are the chances of success if I offer them a monthly payment plan to repay the amount in full over 60 months? Will this usually surfice and, if it would, do you have any coppies of letters I can send please?

 

Also, my pertner need to write and ask them to stop with the order as its nothing to do with her, whats the best approach and is it likelyt to prevent the order?

 

 

Just wondered if anyone had any advice on this please?

 

It almost seems that they now have everything?

 

How do I appeal, how can they take the property if I only own 10% and, it sounds like there has already been a hearing, of which I knew nothing about, and might be another one to seal the deal.

 

How do i find out these details and, any advice on being represented please?

 

Please help...............................

[Ganymede]

Hi there all

 

Just wondered if anyone had any advice on this please?

 

It almost seems that they now have everything?

 

How do I appeal, how can they take the property if I only own 10% and, it sounds like there has already been a hearing, of which I knew nothing about, and might be another one to seal the deal.

 

How do i find out these details and, any advice on being represented please?

 

Please help...............................

 

 

 

You need to try and have the judgment set aside on the basis that you were not served with the claim form and then try to defend the case. Setting aside turns back the judgment to the beginning and allows you to defend it and therefore mot allow the charging order.

 

Have a look around, there are plenty of threads telling you how to apply to set aside a judgment. Ask for the hearing to be heard at the same time as the charging order one. http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Without any proof the property is deemed to be held 50/50 regardless of who pays what towards the mortgage.

 

Your wife can try to argue it but it will be difficult for her to convince the judge I'm afraid, but the charging order is only made against your share of the property, not your wife's.

[sequenci]

You need to try and have the judgment set aside on the basis that you were not served with the claim form and then try to defend the case. Setting aside turns back the judgment to the beginning and allows you to defend it and therefore mot allow the charging order.

 

There must have been a defence for it to have been struck out?

[Ganymede]

There must have been a defence for it to have been struck out?

 

 

 

You're right, sorry it was late and I forgot about the defence. Feel free to ignore that last post.

 

That changes the game alot and the outlook would appear pretty bad for preventing the charging order, sorry.

 

Turn up and throw everything you can at them from the 1st post in this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Good luck.

[large boy]

Hi again

 

Does anyone have any advice on a letter to the land registry re stopping the charging order on the property please?

[Ganymede]

Hi again

 

Does anyone have any advice on a letter to the land registry re stopping the charging order on the property please?

 

 

I've never known of the Land Registry refusing a C/O on the basis of a letter from the co-owner of the property sorry. As far as the Land Registry is concerned there is a valid, enforceable judgment in place right now.

 

I'm sorry not to be more helpful, hopefully someone else can help...

[veryweary]

 

 

 

The other thing is, if they do this, will it still be acruing interest until it becomes the full value of our home and they take it away?

 

Please please help

 

LB

 

Interest only accrues after judgement if the judge awarded it. If so it will say on your judgement paperwork from the court. You only mention that they were awarded a total of balance and costs?.

 

You should also get notification prior to the final CO order hearing date, where you will get a chance to defend.

 

Forced sale is not legally impossible but very unlikely particularly when your property is jointly owned but the judgement is in your name only.

 

As for the restricting effects on CO's/restirctions on the future sale of your home,there was a thread on here recently about this with a link to this subject on another well known forum run by ML. Can't post a link but you may find it using a search of 'Charging Order? The myth '. Don't know how legally correct it is but makes for interesting reading.

 

Good Luck

[large boy]

Hi again

 

Well, Ive received a letter today telling me that there has been a court date set when the court will decide whether or not the charging order should continue in force and become final.

 

Pardon my ignorance but, does this mean that when the court hearing takes place, they decide there and then if my home is to be sold?

 

Please help, I'm petrified and need any advice possible please

[Undercover-Elsa]

Hi Large Boy,

As far as I'm aware it simply means that the Charging Order is finalised.

This simply means that if you ever sell the house they get what they're owed from the proceeds.

They can only force the sale on reapplication to the Court, if you fail to keep to the payment arrangements.

Hope this eases your mind a little.

Elsa x