Charge/CCJ from Restons/HFC - too late to challenge????

[missvic]

Hi All,

 

I'm hoping someone can help me with an issue I had with Beneficial Finance (HFC) and their solicitors, Restons.

 

2 years ago I split up with my then partner.

We have a daughter and we lived together in a house that was his when we met

but that was owned by myself and him as tenants in common

due to a subsequent re-mortgage of the property where my name needed to be added to be able to get the mortgage.

 

When we split up, I moved out to live back with my mum, but continued to pay the mortgage in full in repayment for a debt we agreed I would repay for 24 months.

 

This expired in February this year.

 

However, in the meantime, in order to make the mortgage payments, my personal debt spiralled and I was pretty irresponsible due to the nature of my emotional situation.

 

I am proud to have got back on track and despite having 3 CCJ's now, two of these are satisfied and I am also paying back all my other debts with a clear plan of when it will all be repaid.

 

However, while I was in difficulties, I did not make payments on a loan with Beneficial Finance,

and so the account was passed to Restons who I tried to deal with to make arrangements to pay,

but who failed to reply or send paperwork as necessary for an agreement to be set up. (I don't think I can prove this though).

 

Very quickly, they applied for an interim charging order which was granted and then at court, the charge was granted to them over my old address

as obviously my name was still on the mortgage and the deeds at that point.

 

The issue is, my ex-partner wants to settle the mortgage as his dad has offered to lend him the money to pay it off,

but he will only do that if my name is off the deeds of the house (understandable).

 

However, because of the charge from Reston's/HFC, I cannot take my name off the deeds until it is paid off (I assume, anyway).

 

So that leaves me in a real mess, because until his Dad pays off the mortgage, obviously we are both jointly liable for it,

so I am still paying half, beyond the time when I thought I would have stopped paying anything.

 

But, if his Dad were to pay off the mortgage, this would leave Reston's with the primary charge on the house which I assume they would attempt to enforce

(although I'm not sure it would be successful as it is the only address of my daughter, who is 5).

 

At the moment they have not tried to enforce anything as they know there is no equity in the house,

but I assume once the mortgage was paid off they would then try to take their money out of the house.

 

My Mum has said that I can put the charge onto her property instead - but would they let me do this and if so how would I go about it?

 

I think I will be able to pay it off relatively soon as I am due to inherit some money,

but it won't be in time to get me off the mortgage of my old house

- so I am paying for a house I don't live in nor have taken anything from when I left!

 

I know I have been stupid beyond belief, but I really want to get out of this situation

and feel as though I have learned from my mistakes and am making a better future for myself and my daughter.

 

If I wasn't paying any of the mortgage I could pay more to Restons until the inheritance money comes, currently I am paying £210 per month.

 

Finally, after reading other posts, I also think I was incredibly naive at the time the situation was heard in court

- as they have obtained a charge for the full amount of the loan I took out, plus all the interest of course

- however I did make payments on the loan when I first took it out and these have not been knocked off the amount

- I did not notice this at the time, stupidly I trusted that the figures were correct, before I obviously read anything about the firm.

 

Is there anything I can do about this now?

 

Additionally, I have no idea if they are continuing to add interest to the amount outstanding, etc,

but I have been reluctant to get in touch to find out as I don't want to re-alert them to my presence and for them to start harassing me again (it's all gone quiet as I make my payments on the dot every month).

 

I'm sorry this seems like a ramble now when I read it back,

but I hope my query makes sense and someone will be able to advise me if there is anything at all I can do in this situation.

 

Thanks & here's hoping!!

[rebel11]

Hi miss

 

Welcome to CAG

The guys will advise as soon as they are available. Thread moved.

[dx100uk]

do you have a copy of the judgement & the CO?

 

have you ever CCA'd the OC

to check this money IS going off the debt?

 

i think we need to get a few ducks in line before we attempt to help you.

 

dx

[missvic]

Hi,

Thanks for reading my post - I'm not sure what you mean by your question though?

[dx100uk]

no good asking for help if you cant understand us is there.......

 

ok....

 

let try and help again.

 

 

have you got the CCJ they got against you?

 

and have you got the details of the charging order?

 

dx

[diddydicky]

what is the amount they are claiming

 

what is the (true) current value of the house

 

what is the amount of loans secured against it

 

who occupies the house now

 

+++++++++==

 

in the meantime

 

NO you will not be able to transfer the charge to your mums house-

 

No, your partner cannot get you off the deeds until you satisfy the Charging order (unless he wants to lend you the money to do so)

 

it would not in any event be a good idea for your ex to pay off the mortgage and bring the property back into positive equity

 

the creditor will not get an order for sale if the house is in negative equity

 

if you are still paying half the mortgage then you are entitled to a half share in its equity- so surely your partner should be "buying out" your share- not paying off the mortgage and taking the whole of the equity?

 

You should complete an I & E (CCCS site and download theirs) and make an offer you can afford to restons (even if it is only a £5)

 

if they do not accept then apply to the court for a redetermination and send THEM the I & E

 

if the house is in negative equity then a court will not order its sale- since nothing would be achieived and a Charging Order is not a "punishment"

[Satterthwaite]

You need to read all this very carefully,

http://www.consumeractiongroup.co.uk/forum/showthread.php?139232-HFC-Restons-Charging-Order-***ORDER-REMOVED***WON***&highlight=

[missvic]

Hi,

Thanks for your comments, I'll try and answer!

Dx-sorry, I just didn't know what your abbreviations meant, cca I thought would be the consumer credit act but still not sure what you mean by oc! Not meaning to be stupid!

Yes, I have a copy of both the charging order and ccj.

Diddy

[missvic]

Diddy-they have made a charging order for c 14k, original debt was 8k. The house was valued at c140k for mortgage purposes in 2008, but obv now worth less, I would say 130 based on sales in the area recently. Loans secured are just the mortgage, 109k now and this charge.

He occupies the house with our daughter and his two older children.

He owned the house before we were together, and as he is ten years older than me and has less prospects, hate him as I do, I don't want to see him homeless. So I know I am legally entitled to half the equity should the house be sold, I don't want it, just want rid of the responsibility so I can start afresh.

What would the redetermination achieve, as I can afford to pay the debt at the amount agreed, possibly slightly more now, so would a redetermination allow a re-assessment if the amount owed or would it mean that the amount owed could be re-assessed? Because if I complete an I and e this will show I can afford the monthly payment agreed. My problem is at the rate I can afford to pay now it will take me 6 years to settle, which means 6 years of mortgage payments as well. We can't sell because he would never get a mortgage for another house on his income to house him and his children, I know this isn't my problem, but I think if he wanted to he could probably apply for maintenance etc from me as I earn a lot more than him.

 

Hope this answered the extra questions, thanks for both replying.

[missvic]

Thanks Satterthwaite, have taken some faith that I may not be completely broken!!!

[diddydicky]

as is see it- if his dad wants to pay off his sons mortgage (£109K) then you would not have to make any more payments to it- which means you could afford to pay more to restons to pay off the £14,000

 

restons would not object to him paying off the mortgage- nor would they seek to want to force a sale

 

the more so since you would be able to pay them quicker.

 

it also strikes me that if your ex's dad has got £109K to pay off the mortgage- perhaps you could do a deal with him to pay off restons too and then take repayments direct from you

 

i would guess that in this case - Restons would happily settle for £12K- maybe even less as a lump sum- especially if the offer is coming from his dad!!