Help! How do I attach a condition to a proposed Charging Order on my flat?

[magirose]

Hello,

Please can anyone help me? I need prompt assistance with a Charging Order hearing on Tuesday 6th November 2012. I know I've left it a bit too late but I had booked an appointment with my local legal centre where I believed I would receive some assistance only for them to tell me yesterday that they don’t have anyone to advise on Charging Orders! They asked me to contact Financial Ombudsman who informed me that they only deal with complaints!

Quick background,

In 2009 whilst I worked as a contractor, I guaranteed a loan for my limited company, I took this loan out for my then boyfriend who was going through financial difficulties and wanted to do a business. I now know it was very very stupid of me but I trusted him completely and we were going to get married so as far as I was concerned, the money was for my future.

I was making the repayment directly from the ltd company’s bank account with Barclays which was where my weekly wages were paid into. Unfortunately, in September 2010, I was informed that my contract was ending. I contacted the bank promptly to explain the situation and for the payment to be reduced as it was like £470 every month. Barclays was not having it and would not listen, the letter I wrote to them with a copy of my contract termination letter was ignored. As I had to think about how to survive, I stopped the payment. By this time, my relationship with the then boyfriend had broken down and we were not on speaking terms.

Last year 2011, Barclays got a CCJ against me through Matthew Arnolds & Baldwin. I wrote to the judge that my brother, who resides in my flat with his young family, was assisting with all the bills. My mortgage had been changed to interest only, my gas meter was a pay as you go and all basic bills were paid without any problems. My brother gave me £150 to pay every month as agreed on the judgement but in January 2012 on the birth of my niece, he couldn't afford this £150 for the next couple of month, I contacted the bank that I need like 3-4 months to resume the payment but they wouldn't accept.

They have now apparently secured an interim charging order on 13 September 2012 and applied for a hearing for a charging Order on 6th November.

I probably can’t stop them applying this charging order, the original loan was £20k, from 2009 to 2010 I would have paid back approximately £5.5k but now, they have added various costs and interest and the money outstanding is about £19k!!

I don’t mind them applying the charge on the property but I need assistance in adding a condition to the charge for them not to be able to move for a sale of the property.

I have my 27 months and 9 months old nieces living with me with their dad, he has been extremely helpful financially to me. I am seriously trying to get a job and has retrained myself. I am positive that I will get a job soon as I am now attending more interviews as opposed to before when I don’t get any interests.

 

Please help, any advice or direction will be greatly appreciated.

 

PS

 

The Financial Ombudsman advised that I should write a letter of complaint separately on the actual loan process. The bank manager at the time was a friend of my ex-boyfriend, I don’t believe I should have been given a loan of that amount working as a contractor, he believes that the necessary checks to protect me and the bank was not carried out or followed. I will send a letter of complaint to Barclay's on this matter and I'm told they have 8 weeks to respond. This is obviously separate to the Charging Order.

[Ganymede]

Your best bet is to explain the situation to the DJ at the hearing and ask for the condition to be attached to the CO.

[magirose]

Thanks for your response. I thought about that but not sure if I have to put this in writing or something. I hear that sometimes DJ are not so sympathetic and don't sometimes listen when people try and explain things.

[Ganymede]

Well as the hearing is on Tuesday you have left it a bit late to write to the Court.

 

You could fax something to them first thing tomorrow if you have that facility.

[magirose]

Thanks Ganymede, I might send the fax. It's just occurred to me that the court did not send me any notification for the hearing, I only found out from the letter I received from the bank's solicitors hence why I didn't think I needed to send my defence/statement.