charge applied to house..help

[mary+]

You can get a copy from the courts.

 

If you have already sent in an I and E to the courts and have offered them £50.00 per month against the I and E then you will be paying £50.00 per month. When was this sent in. Was it 2 years ago. If you circumstances have changed you will need to send in a new I & E . If you are receiving less then offer them less.

[Exclus]

Although they are saying a charge on the property, because your property is jointly owned and the debt is in your name, they will only be able to register what is known as a charging order restriction. It would be highly unlikely any judge would order a sale, primarily because your childrens welfare trump anything financial, plus they will not have a full equitable charge, only an interest in your share of any money left after paying back any mortgage. All through the process the solicitors and the judge tend to talk of a charge on the property, but since 2003 the Land Registry can only list a restriction on a jointly owned property when the debt is in one name only.

[sonnab]

ive been doing some reading up on this and looking at the social security administration act 1992

 

 

Social Security Administration Act 1992 Section 187:

 

—

 

187.—(1) Subject to the provision of this Act, every assignment of or charge on–

 

(a) benefit as defined in section 122 of the Contributions and Benefits Act; [3(aa) a jobseeker’s allowance;]

 

(b) any income-related benefit; or

 

© child benefit,

and every agreement to assign or charge such benefit shall be void;

 

 

Tax Credits Act 2002 Section 45:

 

—

 

45. Inalienability

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void;

 

 

 

HOWEVER by 'charges' they DO NOT MEAN BANK CHARGES. What is meant is things like attachment of earnings and charging orders.

 

 

 

Is this true?...if that is the case then money in my name is only CHILD BENEFIT and CHILD TAX CREDITS..in my husbands name is JSA

 

can i write to the court and stiplualte this or will it just alienate a DJ that im spouting rules and laws to him?

 

need some help with this and what im supposed to put in a letter to the judge...ive rung nottingham where the original CCJ was granted in 2010 but im getting no where...get the switchboard...get put through to a department that doesnt exist,then ask to be put through to court manager,shes never in,ask for customer service wait on hold for 20 +mins to then get cut off.

 

need help asap

[sonnab]

also just another quick question..

 

would it be worth me writing to weightmans telling them my I and E and that we are only on benefits and make them an offer? or go straight to the court?

[renegadeimp]

go to the court. If you are on benefits the most you should be paying is £1 a month.

[sonnab]

so im going to court tomorrow....

 

ive got papers to show that my husband is claiming JSA for both of us

 

ive got papers to show my provisional tax credit allowance which shows my children

 

anything else you think i should take with me...im as nervous as hell and tink im way over my head..so any help as to what i should be saying would be appreciated...

 

what are the allowances for shopping/housekeeping per person........clothing per person.....because im sure im not putting enough for them on my I and E forms.

 

i keep reading over and over what has been said on here about the CO being stayed and asking for a time order but i really have no idea what i am going to say when i get in there......as unlady like as its going to sound...im ****ting bricks so any help is really really needed

[renegadeimp]

Take anything and everything you think you might need. Let the court decide which documents they actually do need.

[sonnab]

these are all i have apart from I and E forms...but need to know what allowances are allowed and what the hell i say when i actually get in there...never been to court before for anything and i dont want to clam up or be pushed into a corner by some high flying hotshot who will shoot me down in flames

[Ell-enn]

Which I & E form are you using - is it this one?

 

 

It calculates automatically as you fill it in

Budget Sheet.xls

[sonnab]

thanks for that....

 

 

well after doing just the basics i have 1.96 a week left over...thats without paying any creditors...im screwed!!!!

[renegadeimp]

You are not screwed. show the court. They wont make you pay what you cant afford. i wouldnt be surprised if they lowered the debt, postponed repayment or even wipe it completely if theres no forseeable chance at repayment.

[Ganymede]

i wouldnt be surprised if they lowered the debt, postponed repayment or even wipe it completely if theres no forseeable chance at repayment.

 

I'm not entirely sure that the Court can do that...

[renegadeimp]

A judge can do that and have done tens of thousands of times.

 

Every option is open to a judge when forming a judgement. Personally when i was in debt, i had 2 debts totally wiped, and the rest lowered. One debt i was paying back £1400 at £5 a month. The creditor pretty much gave up and wrote it off after a couple of months.

[Ell-enn]

Renegade are you saying a judge reduced the total debt or reduced the monthly payment on the debt ?

[Mrs E Blackadder]

Hi Sonnab, just thought I would let you know about my situation regarding charging orders. By the time I sold my house last year there were SIX of them attached to the property, all in my ex-husbands name. At no point did anyone try to force the sale of the house and when I did get round to selling it last year the decision was entirely mine and most of the charges had been in place for 4-5 years. No interest was ever added to any of the charges because 5 of them were under £5000 and being credit/store card card debts they were regulated by the consumer credit act. The remaining one which was for about £9000 never had any interest added to it either, although I don't know why not. Perhaps just lucky! Basically the charges just sat there waiting for the property to be sold at a future date (I suspect the creditors may have started sniffing around once my youngest reached 18, but that is purely speculation on my part as no one ever asked if there were children in the house!)

 

Although all the charges were in my ex-husbands name, I was able to keep track of them because being joint owner of the house I was sent copies of everything as 'an interested party'. Although my initial reaction was panic, I came to realise that once the charges were in place it wasn't necessarily the end of the world. The house was, at that point, in negative equity so even if someone had tried to force a sale they wouldn't have got their money so it was pointless from their point of view. Last year, following a visit from a particularly arrogant bailiff looking for my ex I decided enough was enough and it was time to sell up and move on. I sat down, did some figures and realised that actually there was now enough money in the house to clear the charges and go.

 

I hope my experience will bring you a little hope that the end of the world is not nigh!!! I did hate having the charges on my home, but they did at least stop hassle from those particular debtors. It also didn't cause me any problems with selling my house (as they could all be paid back) and the sale went through easily.

 

Good luck in court tomorrow. My best wishes to you.

[Ganymede]

A judge can do that and have done tens of thousands of times.

 

Every option is open to a judge when forming a judgement. Personally when i was in debt, i had 2 debts totally wiped, and the rest lowered. One debt i was paying back £1400 at £5 a month. The creditor pretty much gave up and wrote it off after a couple of months.

 

 

Maybe you did but not at a CO hearing.

 

There is an Order in place for a set amount and the DJ will not go behind the original Order or amend the amounts owed. As far as the Court is aware the debt is proven.

[sonnab]

well after doing the figures with hubby last night we have a total of 3.67 a week left over after paying the mortgage,bills and food,so they can ask for what they want i physically cant pay anything more than that...thats not keeping anything or christmases,birthdays,household repairs or anything else,

 

ive got my proof of income and my I and E form ,i just hope and pray that they think i will just not attend and not send someone from their end thinking it will be a slam dunk....all this for and overdraft with copious amounts of charges of 8 pounds a day.

 

 

thanks blackadder ,we are also in negative equity and my youngest is 6 so either way i think they wouldnt force me to sell,so fingers crossed i get my say...

 

will update when i get back today

 

xx

[sonnab]

ok well im back..

 

charge has been applied and we are to pay £1.00 a week but the judge stipulated to the creditors that they would not ever be able to force a sale on us while we are paying.....much to the disgust of the crefitors....they also asked for the court to apply interest..which they were told no...as the debit is less than 5k they are not permitted to apply interest charges...so we in my eyes won....

[renegadeimp]

ok well im back..

 

charge has been applied and we are to pay £1.00 a week but the judge stipulated to the creditors that they would not ever be able to force a sale on us while we are paying.....much to the disgust of the crefitors....they also asked for the court to apply interest..which they were told no...as the debit is less than 5k they are not permitted to apply interest charges...so we in my eyes won....

 

Thats a very good thing by the judge. Bet the creditors saw their collective arses about that one

[debbbbsy]

Thats excellent, cheeky buggers, consumer law prohibits the application of post judgment interest to overdrafts.

They are pretty much screxed, it will cost them more than £4 per month to manage the account. Don't you feel for them.

If I were you, pay as per the order for 6 months, than make an offer to settle....lets look at this, they can never apply for a sale order...they will only get £48 a year, that will take 75 years to pay off the £3600 you owed....:whoo:realisically offer them 5 years worth of payments, £240 as a full and final payment that the account be closed and the CCJ marked as satisfied. If they agree the charge will be removed.

 

 

Debbie xxx

Edited July 19, 2012 by debbbbsy

[debbbbsy]

Also, you say the judge ordered £1 per week, if that is what he has stipulated, do it. Don't do £4 a month. As a business this will be a nightmare, there bank may even charge them an admin fee for each deposit. Just make sure you keep track of every payment.

[Ell-enn]

Make sure you get the details of how to pay straight away, don't give them the opportunity to say you haven't paid. Best way is to pay by internet banking every week that way you have proof you've paid.

[cerberusalert]

I bet they're gutted, after all at that rate it'll take 69 years for them to get their money. No doubt they'll be offering a F&F within a couple of years.

[sonnab]

was going to send them a £2 postal order every time we get JSA...would that be a nightmare for them aswell???

[Ell-enn]

There's so much can go wrong with posting payments. You would need to write your name, address and reference number on the back and send a covering letter. Also you should send by recorded delivery, keeping a copy of the letter and a photocopy of the postal order, then print off the signed for receipt from the royalmail website to prove they got it. It could become a pain doing that every time you make a payment. Best way is to get their accoiunt details and pay via the bank - make sure you get the reference number for your account to put on the bank transfer.