Charging Order Objection

[darkest_dawng]

My husband has a CCJ against him where the claimant filed an immediate charging order following a cock-up from the county court with the notice of judgement etc. They now have a date for the hearing of the final charging order, the CCJ is in his name but the house is owned jointly.

 

I believe that I have to submit written evidence 7 days before the hearing (5th September) - this is the bones of a letter which I have written, can anyone offer advice or comments please.

 

I am writing to object to a Charging Order being placed on *****.

 

I own the home jointly with my husband Mr Simon ****, however the judgement in this case is in his name only. Currently the mortgage is paid from a joint bank account, but as I am the chief earner in the home these payments are made from my money. We have 2 small children, aged 5 and 2 – if a charging order is made on the property they would suffer undue hardship.

 

In addition to this I feel that a charging order would give *** an unfair priority over other unsecured creditors. My personal creditors are as follows:

 

Egg PLC Balance: 2456.51 Interest Stopped

Instalment plan of £1 per month

 

Lloyds TSB Balance: 14,870.00 Interest Stopped

Instalment plan of £50 per month

 

Cahoot Balance: 7518.03 Interest Stopped

Instalment plan of £1 per month

 

I believe that an instalment order would be more appropriate in this case. My husband has made an offer in line with his ability to pay which has been rejected by the Claimant. Our other creditors have accepted the offers made to them and we have commenced payments. It would be wrong to cease or reduce payments to our other creditors in favour of ***.

 

I would like to take this opportunity to express my sincere hope that a mutually acceptable arrangement can be made, one which will allow repayment to our creditors at a level which is affordable based on our circumstances.

[sequenci]

The judge may raise the issue that you're not made pro-rata offers to your other creditors, thus cahoot and egg are already being unfairly prejudiced. Have you any equity?

[darkest_dawng]

I'm not sure what you mean about Cahoot and Egg being unfairly prejudiced, please could you explain, yes we do have equity in the house.

Thanks for your reply.

[sequenci]

you didn't pro-rata the £52 amongst the three creditors.

 

as an example Cahoot should be getting £15.73 of the £52 rather than £1 as this is equitable. it may not even get mentioned by the judge but i thought i owuld bring it up just in case.

[darkest_dawng]

I see what you mean, they are my personal creditors my hubby has some too, Lloyds would not accept less than £50 or they would file for bankruptcy against me, that's why it's that much.

[sequenci]

Lloyds would not accept less than £50 or they would file for bankruptcy against me, that's why it's that much.

 

do you have that in writing from them? how much is the debt for?

 

when was the CCJ obtained? was it a forthwith judgment?