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How Can l Fight a Charging Order?


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I have a creditor who has applied to the county court for a charging order against my property, which is jointly-owned with my partner.

 

The unsecured loan in question is in my name only and my various offers of monthly payment have been ignored or refused by the creditor, as has any meaningful negotiation from the beginning. A District Judge has given creditor the go ahead to apply for a charging order.

 

I have no intention of giving in without a fight, but l've googled various legal websites and am confused as to what is the best line of defence here.

 

I am on relatively low income with very little disposable income and my partner is a pensioner who is on medication for various illnesses. This is not her fault and the situation is really distressing and disturbing her. Things have got so bad, we are on the point of splitting up over this.

 

I hate these b******s and won't give in to them. I have offered to pay what l reasonably can, but they have just dismissed my offers from stage one and bulldozed ahead thru the legal system, which seems to be totally weighted in their favour.

 

I REALLY NEED SOME HELP FROM SOMEONE ON THE FORUM WHO HAS BEEN THRU THIS OR HAS LEGAL KNOWLEDGE WHICH MIGHT HELP MY CASE PLEASE.

 

Unusually for me, this is not a last-minute plea for help. I have two weeks in which to respond and the case will not be heard before mid-September.

 

Any advice would be very much appreciated.

Many thanks.....................................Valdez

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I may be wrong and will stand corrected, but I have always understood that the creditor needs to get awarded a CCJ against you before they can go for a charging order.

 

If they go for a CCJ first, then you must put in a defence or else they will get one by default. Give them some work to do, and make a statutory request for a true copy of the executed credit agreement. May just get them off your back!

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Baileyboy...thanks for yr reply.

 

They already have CCJ. I have appealed on the grounds that l can't pay the full amount. Have made offers of monthly payment based on what l can reasonably afford based on income and expenditure. These have all been refused or ignored. Have offered a maximum of 33% of total as a lump sum but this has so far been ignored. I feel this is unjust, as they would sell the debt to a ****** DCA for 15-25% of the total.

 

They seem out to get me, but l won't roll over.

 

I need grounds for getting the Charging Order refused by a half reasonable judge.

 

regards

 

Valdez

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How much is the debt? Does it contain charges? If so, roughly what percentage? What were your reasons for not defending the CCJ?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Forgot to ask, when did they get the CCJ?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory

 

I did go to court to oppose the CCJ application, but the Judge granted it anyway, despite my proving l could only offer monthly payments due to lack of disposable income. This was in June 07.

 

The debt is around £6k

 

Any thoughts as to how l can best fight the Charging Order application?

 

thanks

 

Valdez

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I'm not qualified but for what it is worth I think you would need to prove that creditor was being unreasonable in not agreeing to a monthly installment - you could do this by providing income/expenditure. Secondly you would need to put an argument forward along the lines that you have other creditors and that this would be unfair. Thirdly you would need to reason with the judge and explain that this was an unsecured debt that a creditor was trying to turn into a secured debt.

 

Good Luck.

Stebiz

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I have a creditor who has applied to the county court for a charging order against my property, which is jointly-owned with my partner.

 

The unsecured loan in question is in my name only and my various offers of monthly payment have been ignored or refused by the creditor, as has any meaningful negotiation from the beginning. A District Judge has given creditor the go ahead to apply for a charging order.

 

I have no intention of giving in without a fight, but l've googled various legal websites and am confused as to what is the best line of defence here.

 

I am on relatively low income with very little disposable income and my partner is a pensioner who is on medication for various illnesses. This is not her fault and the situation is really distressing and disturbing her. Things have got so bad, we are on the point of splitting up over this.

 

I hate these b******s and won't give in to them. I have offered to pay what l reasonably can, but they have just dismissed my offers from stage one and bulldozed ahead thru the legal system, which seems to be totally weighted in their favour.

 

I REALLY NEED SOME HELP FROM SOMEONE ON THE FORUM WHO HAS BEEN THRU THIS OR HAS LEGAL KNOWLEDGE WHICH MIGHT HELP MY CASE PLEASE.

 

Unusually for me, this is not a last-minute plea for help. I have two weeks in which to respond and the case will not be heard before mid-September.

 

Any advice would be very much appreciated.

 

Many thanks.....................................Valdez

 

Charging Order

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Valdez

 

I suggest that in addition to any help that you might get from this site, that you contact National Debtline first thing in the morning. Go via this link, do not Google for it as there are several unscrupulous money-making organisations with similar names passing themselves off as this one.

 

This Charitable orrganisation will be able to provide you with timely, specialist advice for free. Good luck and I hope you manage to fight it off.

 

Mac

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