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charging order stress!?!?


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Hi I'm hoping that some of you can give me advice.

 

I was made redundant and couldnt repay Natwest a loan and overdraft back, so they lumped it together and got a ccj against me. As I am a single mum to 2 children (aged 1 and 3) and on benefits, I am paying them £20.00 pcm. The debt is now approx £16,000.

 

They went back to court and got the judgment changed so the balance was due forthwith as they wanted to apply for a charging order which was granted.

 

Just went back to court today, the charging order was made final even though both me and my ex opposed it. Both of us sent our letters of objections to the court and the judge looked like he hadnt even read them. I told him I would probably end up with £2k at the end of the sale and he just said, well they wont get much then will they!!! Without even looking at me said it was done, stamped his paper and sent me out.

 

The house is currently on the market and the total equity in it is £6k, if that. And is also mortgaged in joint named and debt is totally in my name.

 

The land registry documents say it is a restriction.

 

I have been reading some of the posts on here and im more confused than ever!

 

If it is a restriction only, can I stick two fingers up to them when the house is sold and they get nothing?

 

Will the charging order (or restriction) stay on the registry once the property is sold as it will not be paid off completely?

 

I think I have more questions but that is all I can think of at this moment!!

 

Thanks for any and all advice!!

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The restriction is to protect their interests in obtaining as much of the debt you owe them as possible when the house is sold. There will undoubtedly be conditions set against sale which have to be met, otherwise you can't sell the house.

 

You can't put your fingers up to them - they're in control. You have to pay the debt before the restriction is lifted. They may be planning on making you bankrupt and have placed the restriction to ensure you can't dispose of the property before a hearing and to ensure thereafter that they get a percentage of the property's value.

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I told the judge there was little equity in the property and he just said, well the company wont get much of the money then will they!

 

Im even more freaked out now!!!

 

My house is up for sale as I need to get away from violent neighbours and protect my kids so what am I meant to do now???

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I also never said I wanted to stick two fingers up to them, I have never denied the debt or tried to get out of it and I am paying back monthly what I can afford, but unfortunately I am on income support and a single mother to 2 children under 4 and money is tight.

 

I need to protect my kids and also put a roof over their heads, what else am I meant to do??

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I also never said I wanted to stick two fingers up to them, I have never denied the debt or tried to get out of it and I am paying back monthly what I can afford, but unfortunately I am on income support and a single mother to 2 children under 4 and money is tight.

 

I need to protect my kids and also put a roof over their heads, what else am I meant to do??

 

 

I have been reading some of the posts on here and im more confused than ever!

 

If it is a restriction only, can I stick two fingers up to them when the house is sold and they get nothing?

 

The two fingers comment is contained in the section of your first post that I have quoted for you above.

 

As indicated, the restriction means they will be notified if you try to sell the property, and depending on the wording of the restriction, certain conditions will have to be met before you can sell. You should contact them and find out what their ongoing intentions are because sometimes restrictions are placed on the only asset someone has whilst bankruptcy proceedings are started.

 

You'll just have to keep offering to pay what you can afford and hope they accept it.

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The judge has ordered them, back in March, that no other enforcement action may be taken as long as I pay £20 a month to them. Which is what I have religiouly stuck to!!

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The judge has ordered them, back in March, that no other enforcement action may be taken as long as I pay £20 a month to them. Which is what I have religiouly stuck to!!

 

I think you should ask them what their intentions are. Anything else is just second-guessing which probably will just stress you out further.

 

The whole point of a restriction is so that they maintain some control over your one asset that might be worth something. If you miss a payment, then what the judge said no longer applies. Are you sure the judge made an order to that effect?

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Yes I have the paper work here!

 

"No other enforcement action may be commenced without leave for so long as the defendant pays £20 per month towards the judgement debt"

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Leave is the permission of the court to vary any order it (the court) has made. In your situation, the order was made subject to you paying the 20 quid per month, but they were given permission to ask the court if they wanted to change that...i.e. 'leave'. They would have to apply to the court and the court would make a decision as to whether it was reasonable.

 

You really should go and ask them, they're the only ones with definitive answers as to what their plans are.

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