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jimbo45

Charging Order enforcement - Forced Sale

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Hi all

I got into credit card debt with Marbles (HFC Bank) -- original amount around 10,000 GBP.

 

I couldn't pay due to various periods of not working -- Free lance contractor and the market has been very poor -- also not entitled to any benefits.

 

Result - Restons (probably the nastiest sharks in the business) got an interim and a final charging order.

 

I through a period of a few months employment have got the debt down to 7,000 GBP but in January I've got no more money to pay for a while.

 

The Fee Restons have charged is also humungous - around 1500 GBP.

 

Is there ANYTHING I can do to stop them forcing a sale of my house - I could probably get the debt down to 5,000 GBP --- but have we now got so bad in the UK that your house can be seized for a CREDIT CARD debt of 5,000 GBP - especially on the original agreement NOWHERE does it say that a Credit card can be turned into a "Secured" Loan -- any "Mis-selling" get out possibilities here as this condition was NOT on the agreement I signed and if it had been I most certainly would NOT have taken out the Credit Card agreement.

 

Is there anything I could do also perhaps to get a strikeout against the totally exhorbitant fee Restons have charged.

 

I'm not trying to avoid paying -- I will when I can but at the moment I don't have the money --if you are self employed contracts come and go at unpredictable periods.

 

I think also ALL CREDIT CARDS should come with the RED WARNING -- If you own property a charging order can be secured on it so the "Unsecured" debt is a 100% LIE.

 

Whilst this is not a Mortgage problem it is still a repossession type problem -- so I'm looking for any suggestions from experienced caggers from this really EXCELLENT Forum which was mentioned in The Guardian recently (with horror by DCA's etc). :D:D

 

Cheers

and Thanks (hoping to avoid New Year on the Street).

 

jimbo

Edited by jimbo45

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Hi jimbo45

 

I am in the same position and have 3 charging orders, fortunately I am protected at the moment by insufficient equity, and the charging orders being in my name on a jointly owned property.

 

Is there a payment plan in place? If not have you suggested one? If they dont agree you can apply to the court for a variation on the original order.

 

Did you submit a defence to the original claim? Research the options for challenging the original claim, and having it set possibly aside or challenged. I'm not sure of the process where the debt has been secured by a charging order, but it does seem logical that if the original judgement was at fault them the charging order is null.

 

I think they may be a section relating to charging orders somewhere on the board.

 

Let us know how you get on.


Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hello...Sorry for the delay in getting back to you. Been madly busy in recent weeks.

 

OK...gonna take this one step at a time. Firstly, the reason that lenders can apply for a charging order is because they have secured a judgment against you. Once judgment is obtained, there are various ways of enforcing the debt, one of which being a charging order. Following this a lender can apply for an Order for Sale, BUT they need to issue fresh Part 8 proceedings, against anyone with an interest in the property and the Court would consider the case once again. If there are other parties, and there are children residing at the property, then it is very very difficult to obtain such an Order, and even if they did it would no doubt be suspended upon you making payment of £x per month.

 

In terms of challenging the original judgment I would respectfully suggest that you are out of time to apply for a set aside. Any such application has to be made within a "reasonable" period of time, which tends to be 4-6 weeks from you becoming aware of the judgment. It is a shame that you didn't challenge this, as I believe HFC/Restons generally will waive the "Litigation Charge" if it is challenged!

 

Onto the practicalities - to be frank most lenders (there are a few exceptions such as Amex) really just want to secure the debt, i.e. they know they will get their money one way or the other. Of course, you can apply to the Court for a variation to allow for payment by instalments, i.e. the Order could read something along the lines of "1. The Final Charging Order dated...........continues unmodified. 2. No further enforcement to be commenced without permission of the Court so long as the Defendant does pay £x per month."

 

Hope that helps.

 

MM

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