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 Post subject: Application for Charging Order
PostPosted: Wed Jan 05, 2011 1:12 pm 
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A creditor obtained a CCJ against me 18 months ago. As I was unemployed at the time and still am, the Court agreed to payments of £5 per week which have been made. Now out of the blue, I have received a letter from the solicitors saying they are applying for a Charging Order. Are there any steps I can take to prevent this happening?

Any advice would be greatly appreciated.


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 Post subject: Re: Application for Charging Order
PostPosted: Wed Jan 05, 2011 5:15 pm 
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Not really, although there are technical grounds you can object on such as the paperwork not being correct, see other CO posts for details, there are lots of them. They go for a charging order to secure the balance against your property, which doesn't even need equity in it. They assume there will be one day! How have you been paying your mortgage for 18 months if unemployed? Are you in mortgage arrears as well? You could argue to secure a small amount against a property in these circumstances is unfair to other creditors.


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 Post subject: Re: Application for Charging Order
PostPosted: Wed Jan 05, 2011 9:11 pm 
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If the court agreed you could pay £5 per week and you have paid this then you are not in breach of the county court judgment and they cannot go for a charging order.

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 Post subject: Re: Application for Charging Order
PostPosted: Wed Jan 05, 2011 9:41 pm 
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Sarah you're absolutely spot on.....

there is a BUT coming though

Some of the more fiendishly machiavellian DCAs would apply for a redetermination, they might even ask for a F&F, but at the very least they would ask for the payments to be upped and then 'do a deal' if they can secure the debt with a C/O. The redetermination process would include a 'negotiation' session to see if agreement could be made.

It would depend upon the judge as to which way it went. Of course I would recommend a very vigorous defence.

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 Post subject: Re: Application for Charging Order
PostPosted: Wed Jan 05, 2011 10:35 pm 
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But - another one! - they have not said anything about going for a redetermination and they would need to let him know and then the client has the right to appeal at a hearing.

Charging orders are not so badly looked upon by some debt advisers - if a client is willing to have a voluntary charge they can often dictate the terms ie yes, you could do this as you just want to ensure your money is safe but in return we would ask that no interest is charged. Also it saves the client money as court costs are always charged to the client's account!

Incidentally at a redetermination hearing the client has the right to be heard and would explain that the creditor is fully aware of the circumstances and had been accepting payments so why the volte face - and also explain why payments cannot be increased at present.

More debtors than creditors succeed at redetermination hearings whereas the reverse is true at a charging order hearing where in 99% of cases the creditor gets the charge.

I believe that you and Mr Duff were one of the successful ones - we could do with you doing some advocacy for us! I have only persuaded a judge once to throw an application out on its ear although I have got them to write into the order that interest is only on th judgment debt and not interest after the event!

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 Post subject: Re: Application for Charging Order
PostPosted: Thu Jan 06, 2011 3:57 pm 
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Apologies for the misdirection, I hadn't spotted the "always paid the £5" bit in the first post.......must stop doing this in a rush!


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 Post subject: Re: Application for Charging Order
PostPosted: Fri Jan 14, 2011 2:34 pm 
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HELP!

I have now received a letter from the solicitors saying they have obtained an interim charging order for the value of the debt against the property and intend to make it final, so they will be notifying all my other creditors of their intentions.

Despite the fact they were unable to provide a copy of the loan agreement signed by me, because it is not covered by the CCA (over the CCA limit), I admitted to the debt. They got the CCJ. Due to my circumstances the Court agreed to £5 per week which I have paid.

Can they obtain an interim charging order without me knowing anything about it? What exactly is an interim charging order? They want me to settle the debt or agree a repayment plan. What do I do?


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 Post subject: Re: Application for Charging Order
PostPosted: Fri Jan 14, 2011 2:55 pm 
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As I thought, you're dealing with a nest of weasels here

They've sent you a letter stating they have an interim charging order - PHAH whoopy-do this is shear piffle. An interim charging order is meaningless unless a court awards it, so thus far they are succeeding - in rattling you.

here is a link to nationaldebline - they explain all about charging orders

http://www.nationaldebtline.co.uk/engla ... unty_court

mug-up on it and you'll start getting back in charge here.

You may want to consider responding to these muppets along the lines of 'knowing your rights' keep the correspondence up as they charge their clients a bundle for every letter!!!

Assuming you put in an objection you will get a chance to speak to a judge in your local court - its informal and in his office. He'll be interested to know why this creditor waits until now to apply for a CO :roll: and why they didn't pipe up when they got the CCJ.

If they have got an interim order ( they could be feeding you a load of bunny) then you will get notice of it from the Land Registry.

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 Post subject: Re: Application for Charging Order
PostPosted: Fri Jan 14, 2011 6:51 pm 
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Thanks Duff. That's reassuring. Time to do some homework.


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 Post subject: Re: Application for Charging Order
PostPosted: Sun Jan 23, 2011 4:16 pm 
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The plot moves on at pace. I have now received a notice from the Land Registry Office informing me of an application to register a restrtiction against the land. It states

"No disposition of the registered estate other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered withouta certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to....

The applicant states that the court has made a charging order against this property...

There are very few circumstances in which someone would be able successfully to object to such an application....."

So is there a Charging Order in place? I have never received anything from the court to that effect. Apparently it was granted on 6 January.

I feel this is monstrous bullying, but there is no point going into an objection based on emotional grounds however much it hurts. I want to object to it, but I must be factual.

Any suggestions?


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 Post subject: Re: Application for Charging Order
PostPosted: Sun Jan 23, 2011 9:30 pm 
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That goes on automatically when an interim order is granted - but it is what it says - a restriction only - it does not mean the charging order is final.

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 Post subject: Re: Application for Charging Order
PostPosted: Tue Jan 25, 2011 8:07 pm 
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Thanks Sarah.


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 Post subject: Re: Application for Charging Order
PostPosted: Sun Feb 13, 2011 11:23 pm 
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I have now received notification from Land Registry office that the order has been granted. I wrote to them to say that I would be objecting, but the Land Registry lawyer thought I had no grounds for an objection. What should my next move be? Am I now in breach of my agreements with the other unsecured creditors because this one has been able to secure its debt?

Considering the claimant has never been able to produce an agreement signed by me, is there any point in having a court system in which only one party has their view taken into account? I am trying not to become emotional, but it's disgusting and immoral. Especially as the claimant in question in owned 95% by me and all of you because of its own incompetence.


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 Post subject: Re: Application for Charging Order
PostPosted: Tue Mar 01, 2011 6:56 am 
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Any further ideas for how to handle this? The letter from the LR solicitor says I have no right to appeal. It goes to court this week. Is it simply rubber stamping or should I attend?


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 Post subject: Re: Application for Charging Order
PostPosted: Tue Mar 01, 2011 7:19 am 
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Yes, you do go to court. The Land Registry just enter the details - you do not appeal to them - you go to the charging order hearing to put your case forward - and in fact get the information to the court before so they can read it.

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