Restons Charging order

[Bluebell1991]

ADVICE PLEASE

I have an appointment with CAB re Interim charging order application and stopping it becoming a CO

What are my chances of preventing this?

Debt in other halfs name

I pay mortgage and all bills, we are no longer together but I didn't have money to get his name off mortgage or deeds even though he would happily agree to this

[AndyOrch]

Hi Bluebell1991 and welcome to CAG

 

I have moved your thread to a more appropriate forum.

 

Regards

 

Andy

[Bluebell1991]

Thanks

[AndyOrch]

When the creditor makes an application for a charging order, the court will make an ‘interim charging order’ if it is satisfied that you own, or have a part share (an interest) in the property. This is not the final order.

 

An interim charging order is usually made without a hearing, by a court officer. You can object in some circumstances but only have 14 days to do so. You would need to show a legal reason why the charge should not have been made.

 

The application will be referred to a judge if:

 

The court officer thinks there is a reason why the application should be considered by a judge.

If the decision is made by a court officer, your creditor will have to send you a copy of the interim order within 21 days of the order being made.

 

If the decision is made by a judge, they can either:

 

refuse to make an interim order charging order;

make an interim charging order; or

make an interim charging order and set a hearing date at your local county court hearing centre. At the hearing the judge will consider whether to make a final charging order.

The creditor will register the interim charging order as a ‘notice’ or ‘restriction’ on your property with the Land Registry, which should inform you of this in writing. This means that the creditor can stop you from selling the property until the court has decided whether to make a final charging order.

 

If the creditor has not followed these steps, they may not be able to carry on with their charging order application

 

https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtchargingorders/chargingorderadvice.aspx

[Bluebell1991]

CCJ was given this year

Nominal payment has been maintained

How and what grounds legally could I use to object?

[AndyOrch]

You can make objections to the final order but unfortunately they may have no effect on the outcome.The restriction will only be placed on your exes share of the property.

 

Alternatively there are other ways the court could enforce payment of the debt. The court could make an instalment order or an attachment of earnings order.Which would be more less prejudicial to you as joint owner with no connection to the debtor.

[Bluebell1991]

Can I argue that he verbally said that he did not want anything from the house when we split?

 

I have paid the mortgage on my own for more than five years.

He does not work and does not contribute a penny.

 

Like I said before

he agreed to give up his half of the house to me

but I could not afford the costs involved to get his name removed

or re-mortgage due to my own financial difficulties in the past

 

[AndyOrch]

I wouldn't personally refer to the finer details of the divorce...it is unfair but that's the way the law works in securing a debt that is unpaid....as I have stated above if you wish to object just use the grounds I have stated....that he no longer resides and any charge/restriction would be prejudicial to you as joint owner..you may get a sympathetic judge.

[Bluebell1991]

Ok. Thanks. I'll let you know the outcome date mid May.

[garyclarke1962]

What was the outcome? They are doing the same to me. Thanks

[Bluebell1991]

Hi,

 

Been to court today, original date for May case was adjourned (1 days notice) June hearing adjourned (found out when I rang court 2 days before hearing)

 

Basically interim order remains, Judge said he will set a date for trial/hearing to decide what percentage if any my ex has in the property. Suppose final decision will be made then.

 

Ex and I have to provide statements of truth and evidence that we are separated (HOW?) Bank statements, household bills etc????

 

Feel a little optimistic as by all accounts and advice I have been given he could have granted Final CO today.

 

ANY ADVICE HELP PLEASE