Voluntary Charge

[Rough Trader]

Hello All,

 

I was reading through the debt forums and discovered the letter templates, one in particular concerning the above.

 

I am in an IVA with Blair Endersby. I have recently received, by post, a letter from the local county court stating that one of my creditors, (Tesco's), has attached a charge to my house with out telling me or discussing it with me.

 

Can they do this?

 

Regards

Geoff.

[Rough Trader]

for what purpose?

[Mrs E Blackadder]

I expect what has happened is that Tesco has applied to the county court for an interim charging order on your house, which they don't have to tell you about. However, they cannot get a full charging order without informing you of a hearing that you obviously have a right to attend so that you can challenge it. Tesco will be doing this as they probably feel that it is their best chance of securing full payment of the debt at some future point. It is fair to say that charging orders are notoriously difficult to stop, which is probably why Tesco want to go ahead.

 

I don't know what effect having an IVA will have on your chances of successfully stopping a full charging order, especially if your debt with Tesco is included in an IVA. Perhaps a judge would take a dim view of Tesco trying to find a way around your IVA, and maybe this is why Nick Pearson has suggested you contact Blair Endersby. They may be able to give you some advice about preventing Tesco getting a full charging order.

[Rough Trader]

Maybe I did not explain my self properly, Tesco had laid the charge against my house, it is in force.

 

They did not tell me anything, no hearing date and other such things. So it would appear that I am stuffed, could loose a lot, even my house. Not at all happy about Tesco's tactics.

 

 

[silverfox1961]

Did Tesco not send you court papes before getting the Charging Order?

 

As far as I'm aware, they have to have got judgement against you before they can apply for a charging order

[Rough Trader]

Not that I recall, but I might have included them in the masses of paperwork I sent to Blair Endersby

[silverfox1961]

If you didn't receive court papers or you sent them to Blair Endersby and they didn't act on your behalf, I think you could apply to have the judgement set aside

[Mrs E Blackadder]

If a full charging order has been applied you will have received a ton of paperwork from the Land Registry as well, also giving you the chance to file an objection. If you haven't received this then I can't see how a full charging order has been applied without your knowledge. You could always contact the Land Registry to see if they have received any notification.