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Charging Orders - Advice Needed Please


Duffers Mum
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Am in the process of writing to my creditors re my cc debts. The debts are all in my name. My question is, if they choose to, can the CC companies put a charging order on our house which is in joint names if the debts are only in mine? Thanks in advance :)

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Hi DM,

The house is in joint names but the debt is in my name

 

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. They should have been sent a copy of the interim charging order and given an opportunity to go to the hearing to put their points. For example:

  • Who paid for the deposit to buy the home?
  • Who has made the mortgage payments since?
  • If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
  • The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

If a charging order is made by the court, then it will only apply to your share of the property.

hope this helps, it was taken from here:

Debt Factsheets - Charging orders in the county court

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Am in the process of writing to my creditors re my cc debts. The debts are all in my name. My question is, if they choose to, can the CC companies put a charging order on our house which is in joint names if the debts are only in mine? Thanks in advance :)

 

Also bear in mind that a creditor cannot apply for a charging order until you have defaulted on a CCJ. So if you get county court claim forms through you need to ensure you rewspond with an offer of payment based on what you can afford ( if you admit you owe the money ). If the court agreees that your offer is fair and you they issue a CCJ for, say £10 per month then as long as you pay this no further enforcement action ( eg application for a charging order ) can be made.

 

Even if you got a CCJ you couldn't pay you can apply to the court free of charge within 14 days to ask for a redetermination which basically asks them to look at the judgement & your circumstances again.

 

A creditor can't just apply for a charging order if they aren't happy with your offer they MUST get a CCJ first then you have to default.

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Thanks guys, you've been great as usual - that has helped to put my mind at rest. Hoping it won't come to that, but just when I start to feel more positive about what I'm doing, I read a post on another thread which starts all the doubts off again! Am sending 2 of the letters off today asking them to accept reduced payments for a period of 12 months and to freeze interest and charges, hope they agree - the other letters will follow once I get my statements through so I know where to write! :)

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My question is, if they choose to, can the CC companies put a charging order on our house which is in joint names if the debts are only in mine? Thanks in advance :)

 

Any charging order issued (and it would be a LONG way down the road) would be on your beneficial interest in the house. It would not affect your husbands beneficial interest (i.e. his half of the money after all joint secured loans were paid on the debt)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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