Jump to content

 

BankFodder BankFodder


MXBN

Charging Order Advice

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3610 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I currently have a CCJ from Shoosmiths/Nationwide, it was taken out in December and is 'forthwith', I am making payments through payplan which were rejected by shoosmiths, the debt is about 4800 pounds. I have not heard from the courts or Shoosmiths since December.

 

I think that they will go for a charging order next as Nationwide told me that's what they do before we entered the whole legal process.

 

My house is currently being sold, it is at the stage where a surveyer has been and they will be doing all the land registory checks, there is currently no chatging order but the exchange date may not be until June as we have a tennant in there, we moved to the Netherlands, the mortgage is with the nationwide so they know we have the house.

 

at what stage do they check for the interim charging order, is it at the stage we are at or could it be when it is exchanged and would that stop the sale?

 

If I get notification of a interim charging order is there anyway I can speed the whole process up to get it out of the way with?

 

I don't want to ring Shoosmiths as I gave them a PO box in the Netherlands so don't know if they are thick enough to just believe us and not check we still own the house so don't want to do any thing stupid.

 

If I've posted this in the wrong place let me know and I'll move the thread.

 

Thanks

Share this post


Link to post
Share on other sites

Hi there.

 

You could consider making an application to vary the terms of the judgment so that you cna pay by affordable instalments. Whilst you're up-to-date with instalments a creditor shouldn't be able to secure a charging order as you'll be able to challenge the order being made final on the grounds that you're not in default of the new court order.

 

You can make an application for a variation on a form called n245, the fee is £35.

Share this post


Link to post
Share on other sites

Hmmm - I think you should contact the land registry to see if there is an interim order. Normally when going for a forthwith judgement the creditor will also apply for one. The Land registry then send out a letter to you advising that this has happened. An interim order should not have any effect on the sale - but I wouldn't hang about if I were you. Once a forthwith judgement is given then the debtor (you) would either cough up the lot or request a redetermination - where it is decided how the debt will be paid. At this hearing the interim charging order is made into a full monty charging order and monthly payments are agreed - a quid pro quo.

 

If there is no interim order then your clear and the proceeds of the sale are all yours!

Share this post


Link to post
Share on other sites

That could be one way of delaying it but the problem is that Shoosmiths rejected the offer from Payplan and then the original CCJ told me to pay 400 pounds a month so I appealed and it came back forthwith so I don't see how they would consider affordable installments when it's clear that the judge is on their side and they just want me to fail the payments so they can put a charge on the property, they told me that's what they are doing so I'm resigned to the fact it's going to happen, I just want it not to interput the sale of the house so need to know the stages the land registry is checked at and if I'm in the clear after the initial checks.

 

I wonder how long it might delay them though but I sort of also don't want to remind them incase they've misplaced it or something.

 

Do you know how long the n245 form would take to process and if it's in progress would this stop an interim charge on the house?

Share this post


Link to post
Share on other sites

DuffNCustard, thanks, I'll contact the land registry, but I have had no letters from anyone to say that this has been done, this is the problem I have, I'm waiting as I know they will do it, it's just when. The insolvency website says that you cannot sell your house while an interim charging order is on until it is made full, that's why I'm a bit worried about it.

 

Thanks

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...