URGENT!! Charging Order for combined Debt

[messina67]

Hello there,

 

My friend and her husband have a joint debt of £3,200. The creditor managed to obtain an interim charging order on the house. However, the house is only in (and has always been in) the husband’s name only. The hearing is tomorrow and I would be most grateful for answers to the following questions, if possible.

 

1. Can the charging order be enforced, despite the named owner share of the debt being only 50%?

 

2. Is it the correct procedure for the creditor to apply for the charging order without first giving notice to the home owner? (In this case, my friend and her husband were led to believe that the creditors were not going to pursue the debt in full and an arrangement for payment would be accepted. However, they (the creditors) underhandedly went in “for the kill” and applied for this interim charging order without notifying them.

 

3. This amount owed, was initially admitted to. However, on reflection, my friend realised that the amount should have been minus £800, as an initial refundable deposit of £800 was paid, however was never refunded. Can the original court order to pay be set aside on this basis? How does this impact on the interim charging order application?

 

I eagerly await a response as they are due in court tomorrow.

 

Thanking you.

[dx100uk]

what is the org debt all about please

 

dx

[messina67]

Hi there,

 

Thanks for responding. It's a Skills Training Provider.