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Help Advice Needed Re. Charging Order On Property


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Is there anything that can be done? My hubby took out a loan with Egg. We got into terrible financial trouble when he had work problems. He arranged lower monthly payments with them but eventually he couldn't even afford this. We asked for time to pay and they gave him a couple of months grace then took him to court which ended up with him getting CCJ and an order to pay the whole amount plus costs. Of course he could not do this so he wrote to them giving them a full list of income and outgoings and an offer of monthly payment: he sent a cheque for the first installment. They cashed the cheque about a week and a half ago.

 

A couple of days ago we both received a letter and forms to sign as they had applied for a charging order against our house. The loan is in just his name: the property in both our names. The letter reads that we cannot object to the order on the grounds that we are negotiating an offer of repayment.

 

Does anyone have any advice for us please?

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HI Hogie

 

Have a look at this link. It is from the court service Time to Pay: Voluntary legal charges

 

In this you will see that the creditor (EGG) cannot and should not approach the debtor (your hubby) with the initiative of a legal charge.

Write to them and tell them you have researched the subject and understand that they cannot approach your husband about it. Keep a copy of the letter and send it recorded delivery so you know it has been delivered. Send them a further income and expenditure sheet (be careful dont rely on possible overtime and make sure all priority debts are covered first) with an offer of a monthly payment. Tell them if they will not accept it them you will apply to go back to court and have it heard in fromt of a judge. Judges do not like anybody wasting courts time and as long as you have evidence of trying to make a reasonable offer per month (use statements to show payments made already and letters sent to and from EGG as evidence) then I am certain the judge will accept your offer if it is reasonable. But i doubt it will go that far...EGG will prob accept your offer once they realise you are serious.

 

Hope this helps

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Guest ChloeJane

Hi there,

 

I wouldn't sign it as the house is in both names and debt only in one.

 

The arguments you can use against the order being made if they seek one, will vary depending on your circumstances, whether you have any other debts, whether you have equity in your house and own your home in joint names or on your own.

 

If the debt is very small in comparison to the amount of equity in your home, argue that a charging order would be unfair.

 

If the debt is in your sole name, but you own the house in joint names with someone else, they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made.

 

The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

 

CJ

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