Order for Sale Threat

[Trudy B]

Looking for some ideas on what to do next if anyone can help?

 

Had a loan and couldn’t pay so offered £1 pm as it was all I can afford. Agreement was pukka. Didn’t know how to fight it and they got a CCJ, offered £1 pm again and immediately went for a charging order. CCCS said all would be OK – yeah right! So this is a now 2nd charge. Now they say if I don’t offer them more they will get an order of sale.

 

Thing is the house is already mortgaged up to the hilt, there is £25,000 negative equity plus all the costs that they would have in selling so if they did go back to court and get the order to sell it and flogged it off they’d get nothing cos the first charge mortgage wouldn’t be covered and there would be a massive shortfall.

 

I can’t offer them more than £1pm as I don’t earn enough. I already have other CCJ’s courtesy of listening to the CCCS which I am paying £1pm and the amounts on those CCJ’s are more than this one.

 

Any ideas on what I should write and tell them? Or should I go straight back to the court and get them to make them accept £1 pm?

 

Bit of a mess - What to do?

 

T

[supasnooper]

You'll need to oppose the Order for Sale.

 

Have a look at the links below for some pointers -

 

Insolvency Helpline

National Debtline

 

 

please can you just clear something up for me -

 

Are the charges on the house relating to different loans or is the situation that the loan company have a Charging Order and are now looking to get an Order of Sale ?

[Trudy B]

Hi Supasnooper

Thanks for those – some of it I understand, some I don’t.

To clarify there are 2 charges in total on the property :-

1) the main mortgage

2) a personal loan which they have now turned into a charge via the court

Is there a sample letter or wording somewhere where I can write to the sols and say I can only offer £1 and no more. If you go for an order for sale there will be no money for you as the negative equity means the first charge mortgage will not be paid let alone you and your clients? .. and of course any other law or proper wording I can quote use? they already know I have no money, they are using bullying tactics.

Surely by going for an order for sale they are not acting very well for their clients as it will not recover any money for them?

Also is there a form or something somewhere that I can use to go back to the court effectively saying I keep offering £1pm and perhaps where you put in a financial statement form etc - varying the payment or something?

All help appreciated!

T

[Trudy B]

teeny bump

[supasnooper]

Unfortunately I do not know of a template letter that meets your needs.

 

INMHO, You will have to attend the Court hearing and you will have to oppose the Order Of Sale by using the arguments/points offered in the links about Charging Orders I posted earlier.

 

Whilst you are correct in your statement about the clients not getting their money, it will be secured against your property and if a sale is forced upon you..........were will you live ?

 

I would also advise getting an income\expenditure sheet completed so that you can show the Judge your financial situation......it is the Judge who decides what happens.

 

Ask CCCS to send you an updated Income\Expenditure sheet to show the Judge that -

 

i/ You are trying to pay your debts.

 

ii/ You simply cannot afford an increase in payments.

[Trudy B]

Hi Supasnooper

 

Thanks for yoru help today.

 

The court hearings for the charges have been and gone - now they have the charging order they are putting the screws on to get money out of me that i simply don't have. That's why i am after some info to try again and get the judge or someone to agree to £1 pm

 

I am not keen on going back to the CCCS - it was them who said oh it'll be fine, they very rarely go for order of sale and other stuff and the reason why I have other CCJ's which i now know i could have easily fought due to lack of properly executed CCA contracts.

 

Does anyone else have any other info or suggestions please?

 

T

[supasnooper]

Another way to fight the problem that the Charging Order is to look into applying to get the CCJ set aside that caused the Charging Order to be attached .

 

Have a look at the links below -

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

 

There may be something there that may help.

 

You may wish to contact the CAB to get an appointment to speak to one of their legal advisors as well.