Jump to content


Voluntary Charge


Please note that this topic has not had any new posts for the last 3699 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

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.

In the end, what we regret most, are the chances we never Took

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

 

 

In the end, what we regret most, are the chances we never Took

Link to post
Share on other sites

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...