Please help regarding charging orders? Apologies if in wrong place.

[alen27]

being a homeowner and getting your self into debt is very very risky because you have what they call a asset they can secure a debt on you property specialy if the debt is big & they have enforceable CCA

[shakesville]

[lilly white]

http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html

 

have a read

[exasperated]

 

Hi SV,

The previous poster is correct in saying they may try to secure a debt on your property but in perspective this is the situation.

Whether you take secured or unsecured money from a lender the option is open to them to secure on your property anyway. They have to follow procedures which if they have not they cannot obtain a charging order. They have to have an enforceable agreement or they cannot obtain a charging order.

So although the poster is correct you have to remain cool headed to deal with these people. In my opinion you should deal with the creditors who have the ability to suceed in obtaining a charging order first. This is why I suggested earlier to split all your debts into different threads in order to ascertain the situation.

Keep your chin up

Exasp

[shakesville]

Ok, so let me know if I have missed anything....

 

I send a N244 form to the courts asking for an ajournment, I SAR HSBC (done), I send a CPR 31.14. (Do I send this to the court or the solicitor?) or both? Could you let me know if I have missed anything?

 

Also, if you are very kind any wording needed for each document. I need to wait until tomorrow in work where I have access to a printer.

[Bigdebtor]

If the house is in joint names can they take out a charging order for a personal (not joint) debt which my wife knew nothing about, and gained no benefit from it?

 

BD

[exasperated]

Hi BD,

Yes in a word, my situation was that I borrowed a debt for home improvement on a house I had purchased solely and the debt was in my name solely. They however succesfully obtained a charging order on a joint property I owned with my wife some years later. As Snoops said in the other thread they justify it by attaching it to equity in your 50% of the ownership

Exasp

[shakesville]

Ok, so let me know if I have missed anything....

 

I send a N244 form to the courts asking for an ajournment, I SAR HSBC (done), I send a CPR 31.14. (Do I send this to the court or the solicitor?) or both? Could you let me know if I have missed anything?

 

Also, if you are very kind any wording needed for each document. I need to wait until tomorrow in work where I have access to a printer.

 

Any suggestions?

[shakesville]

Please help, I SAR'd HSBC and all they sent to me were statements and a letter about the current state of the bank charges case....

 

I have now received a warrant of execution to advise that if I don't pay the court the full amount by 23 Feb they will be sending a bailiff out to seize goods to the value......

 

I am in the process of sorting out my debts slowly but surely and am about to contact payplan for assistance. I cannot afford the full outstanding amount but will do anything to prevent baliffs calling round.

 

Does this mean they won't accept payments now???

 

Please help I am at my wits end!!

[Bigdebtor]

They have to follow procedures which if they have not they cannot obtain a charging order. They have to have an enforceable agreement or they cannot obtain a charging order.

So although the poster is correct you have to remain cool headed to deal with these people. In my opinion you should deal with the creditors who have the ability to suceed in obtaining a charging order first.

 

Exasp

 

I was interested in what you said about the Charging Order needing a valid agreement. What about Statutory Demands? I got one from 1st Cr*d (Goldfish) in 2008- and then came to an arrangement with them to pay a nominal monthly amount. I have since cca'd them and they seem to have gone away - no CCA but I got a letter promising " no enforcement action" until CCA found - closely followed by an arrears letter!

 

It looks as if they have no CCA - I also have established they issued a dodgy DN and the TN was actually issued the very next day - so they will get no more from me without going to Court.

 

BD