Charging Order Threat

[Yam950]

Hello everyone, i hope this is int he right place.

I had a car on a Personal Contract Plan, to cut a long story short my hours were cut at work and i could no longer afford the monthly payments so i did a voluntary termination.

I wasnt near the halfway mark so i knew i would have to pay something.I was told i owed them £4200 or thereabouts after they had taken the car and sold it.

 

They sent me an income and expenditure form as i asked for an arrangment to pay.Once we have worked everythign out it left is with just £20 a month to pay them.

I have just had a phone call saying that they are not happy with this as it will take 17 years to pay off and want to put a charging order on our house. They said we can still pay the £20 but the CO would still be put on

I am panicking like mad now.

My husband and I jointly own this house and although we have struggled we are managing to stay afloat with our oether debts, and I am frightened to death about what will happen.

I do not want a charging order put ont he hosue and I may get some hours back or even anotehr part time job, and be in a better position int he future but the creditor has said they doubt it!Please help

Edited December 6, 2012 by Yam950

[AndyOrch]

Hi Yam

 

Pay the £20 pm and ignore their request.If they are still intent to attain a Charging Order let them go through the process by issuing a summons ....... don't default on your proposed payment plan.

 

Regards

 

Andy

[Yam950]

Hi AndyThanks for your responseI do not know how to pay them, do I just send them a cheque? They have not given me any details to pay yet. Do I wait for them to send them as the woman said i would have to pay the £20 as well as them slapping a CO on the houseThanks

[AndyOrch]

Right so we are not dealing with the original creditor?

[Yam950]

Right so we are not dealing with the original creditor?

 

Yes it is the original creditor who calledme after receiving my I&E form and said they want the CO as my offer of £20 per month is not acceptable and will take 17 years o pay off.

[AndyOrch]

So how have you been paying them up until now?

[Yam950]

Ok, in a nutshell:

 

I had the car, my hours were cut giving us a reduced income. I never defaulted on the payments and did a VT before i did. I paid by direct debit for the car up until then. They came and took the car after the forms had been received for the VT. I hadnt made any payment since the VT as they were in the process of selling the car.

Then they sold the car and said i still owed a little over £4k and said i could make an arrangement to pay. I sent an I&E form to them as requested and offered £20 per month which today they have said isnt enough but will only allow me to pay that along with putting a CO on our home.

I have no details of how to make any payments yet.

[AndyOrch]

Well using the information from your Direct Debit set up a Standing Order on that account reference.Standing Orders cannot be varied by them.

 

Andy

[Yam950]

Ok thank you Andy, i didnt know I could do that! Thanks again