charge applied to house..help

[sonnab]

can someone please point me in the right direction..

 

I have had a charge put on my property by Weightmans,due to Marlin Europe l Limited on behalf of an overdraft with yorkshire bank.

 

i requested a payment card from Marlin but never received anything also i never received anything with account numbers nor bank details to send payment too,it was then refered to weightmans who again never supplied account details....so after stupidly ignoring them ive now have an interim charging order for £ 3,611.69.

 

It goes to a court hearing on the 19th july 2012.

 

Is there anything i can do before the 19th july that can stop this charge being applied,i do not want a fairly small debt to jeopardise my home.

 

any help would be appreciated:|

[cerberusalert]

Thread moved to the Legal Forum.

[Ganymede]

can someone please point me in the right direction..

 

I have had a charge put on my property by Weightmans,due to Marlin Europe l Limited on behalf of an overdraft with yorkshire bank.

 

i requested a payment card from Marlin but never received anything also i never received anything with account numbers nor bank details to send payment too,it was then refered to weightmans who again never supplied account details....so after stupidly ignoring them ive now have an interim charging order for £ 3,611.69.

 

It goes to a court hearing on the 19th july 2012.

 

Is there anything i can do before the 19th july that can stop this charge being applied,i do not want a fairly small debt to jeopardise my home.

 

any help would be appreciated:|

 

 

 

Hi there,

 

Did you challenge the original CCJ? Was it a CCJ with an instalment order because if it was and you defaulted then your chances of stopping the FCO are slim.

[sonnab]

no i didnt challenge the original..i was orderd to pay 50 a month but never recieved any details of how to pay them..i did ring marlin and asked for a payment card but again never received anything and have not heard anything from anyone untill weightmans said they were applying for a CO,

 

i have no problems in paying them back but i have no way of paying anything without getting details of where payments can be sent..

 

could i mail weightmans and or the court and ask for the installments be the same,even tho my husband is claiming JSA for him and myself

[sonnab]

my house is in negative equaty would they really make me sell my home for a debt that is less than 4000?

[citizenB]

They can only force a sale if you dont keep up with the Judgment order instalments.

 

I suggest you advise both the court and the company to whom you need to make the payments that you have made every attempt to obtain bank details but have been ignored.

 

You should try and jot down all the times you have phoned/written/emailed and if you have proof of posting for letters then that will good.

 

If and only if a sale is forced - then the mortgage company will be paid first - so if you are in negative equity the claimant will not get paid - so probably no point in making you sell !!

[citizenB]

You will need to provide an updated I&Expenditure form as well. I will ask someone to look in on you.. but it likely wont be until later on this evening after they have finished their day job.

[Ganymede]

I'm afraid that excuse is unlikely to wash with the DJ as the onus is on you to pay not for the Claimant to chase you. Do you have a cheque book?

 

It is very, very unlikely the Claimant will force the sale of your house and if you have negative equity the Court will not allow it anyway.

 

You can tray and object to the FCO but if you fail then ask for a condition to be that no further enforcement action be taken whilst payments of £XX are maintained.

[sonnab]

no i dont have a cheque book as i have no bank account,so not an excuse ...any payments would come from my husbands account and no he hasnt got one either,even if he did with no reference number the payment would most likely just sit in a tray somewhere,im not disputing the CO,i just want to be able to pay by installments instead of the DJ to make me pay in one go as with only an income of JSA and child tax credits it would be impossible.

 

how much would we be expected to pay while on jsa?

[sonnab]

thank you citizenB..much appreciated

[Ganymede]

no i dont have a cheque book as i have no bank account,so not an excuse ...any payments would come from my husbands account and no he hasnt got one either,even if he did with no reference number the payment would most likely just sit in a tray somewhere,im not disputing the CO,i just want to be able to pay by installments instead of the DJ to make me pay in one go as with only an income of JSA and child tax credits it would be impossible.

 

how much would we be expected to pay while on jsa?

 

 

 

As CB said you should submit and I&E to the Court and ask for instalments then the DJ will decide the rate.

 

If you want to object to the FCO your witness statements with your reasons should be filed and served 7 days before the hearing.

 

Is there a reason the original CCJ was not disputed?

[sonnab]

because i was prepared to pay for the overdraft.i was the one who said i would pay 50 a month

[sonnab]

do you know if the courts accept child tax credits as an income..i know some companies do and some dont

 

there is me and my husband and 5 children aged between 6 and 15

Edited July 2, 2012 by sonnab

[mary+]

I am sorry to tell you that unless you make a plan and keep to it with the original creditor then the charge will go a head no matter what and this will attract 8% interest every year it stays there. All unsecured debt charged on land remains there for 12 years then it comes off.

 

You must now make a decision. If you reallly dont want this charge on land then you must make a proposal to the original creditor whom you say is Marlin. They will say that they have to run this pass their sols. If this is refused then offer the same proposal at the time of the court hearing. Only offer what you can afford. Bring someone with you for a bit of support. Is this amount £3611.69 the actual amount now owing including the court fees etc. If this is the true figure of the debt including all fees then offer them £60.20 over 60 months. The creditor will want this paid over a shorter amount of time. Tell the Judge that you will offer this amount if the order is stayed. Ask for a time order. This is what you are proposing. This way it should not go on a charge on land. Remember you will need to keep up this payment. There is no point in saying about the payment book not coming out as you could have paid this over the phone. The Judge will want to know what you are willing to pay and when. You can also offer this to the sols outside the court room before you go in. Remember also you only offer this amount if they agree to stay the charge on land. Sols have a habbit of accepting your offer but insist the charge goes ahead. Make sure that the Judge agrees to put this on Stay.

 

You say that you are both on JSA. I feel that you are panicking regarding the charge on your house. If you have children and you are in negative equity then the judge should not force you to sell for an unsecured debt. These creditors are bullies. It is correct that the mortgage lender has to get paid first. So you have to make the decision do you go in and tell the Judge that you are both on JSA then the Judge would ask you pay what you can afford. Paying nothing would attract balliffs. Pay what you can afford. Saying you are going to pay £50 per month or more and you cannot in the long term makes it worse. A creditor would accept an affordable amount over a period of time knowing that you are going to keep to this. The sols will insist that the charge goes on land just to protect his clients interest. You are in negative equity and things are going to get worse in the benefit system come next year. Again pay a little that is affordable.

[sonnab]

Thank you for this..yes im panicking (can you tell ) lol.

 

could i send a letter to the court including my I and E form and ask for a time order.im no good face to face..also how would you put this in a letter.

[Ell-enn]

Is this a joint debt or only in your name?

[sonnab]

just mine...i dont work,and my husband claims for me

[Ell-enn]

and your husband is joint owner of the property?

 

what age are your children ?

[sonnab]

ok i dont know if this will throw a spanner in the works but after having re read the letter that i have received i have a page in there that says about the original CCJ given on the 31st march 2010.

 

the judgement or order required the judgment debtor to pay £3611.69 (including any costs and interest). The amount now owing is £3611.69(which includes further interest payable)...this underlined part has been crossed out...

 

The judgement or order did not provide for payments by installments.

 

 

So how can i find out what the original CCJ actually was ...

 

i had filled out the declaration and sent in an income and expenditure form telling them as i didnt work (housewife bringing up the children) my husband was the only earner and that we could afford 50 a month...would a judge have said tough you have to pay it all in one go?????

 

it was filed at nottingham...my home town is grimsby

[sonnab]

yes my husband is joint owner and our children are 6,8,11,13 and 15

[Ell-enn]

Did you return the court papers with the income and expenditure details to the court?

[sonnab]

yes i did ,thats why i cant understand why this letter says that there were no installment granted

[Ell-enn]

Have you checked with the court that they received your papers? did you keep a photocopy ?

[sonnab]

no not yet,didnt even realise till earlier that it was gonna be a problem,no didnt keep a photocopy as didnt think would need them...will ring them tomorrow...but would they still know 2 years later????

[sonnab]

is there a way i can get a copy of the judgement?