Interim Charging Order - but payment plan was offered?

[NoClue]

Hi

I am looking for help on a issue I think many may be having.

I very stupidly got tied inot buying a Spainsh property many moons ago with promises of guarranteed income etc etc.

I guess I am one of the luckier ones as it was built etc and I started to pay the agreed mortagage.

But after about 18 months I hit financial difficulty and fell behind.

I then received a letter from a UK solictior asking me to pay the full balnace on mortgage or legal action would follow.

So I wrote asking explaining the financial situation with an offer of what I could afford along with the income outgoings sheet.

The property has not been reposessed so instead of wanting the balance of the mortgage afterhte sale of the house they want the full amount in one lump.

I got no repsonce for months and now have recieved a Interim Charging order on my UK property.

I am not living in it as due to the difficulties I have I have moved back in with my duaghter and wife to her parents and rented the house to ensure I can pay that mortgage.

Its intrest only ont he UK house and it was bought for £250 with £25k down but was recently valued at £220-230 in the current market.

Whats my next move?

Does the interim order mean they can force me to sell the house if the order is upheld?

Does it go against them they never responded to my offer?

Can they go after what is effectively my family home?

Can they not be forced to sell the property in SPain and simply claim and shortfall (my offer would clear that cosiderably quicker than the fulll balance!)

I did pay the mortgage for 18 months or so and I realise it is my responsiility but I have made a genuine offer (£97.24 against a month motgage of £800 a month).

All help appreciated! I am going to attend the hearing but I need tio know what format to put my arguement in and what I should focus on.

I am happy to pay the det at an agreed amount but really dont want to sell my family home or have something hanging over it

[dog after a bone]

Re: Interim Charging Order - but payment plan was offered?

from what i've been going through ,the interim charging order will put a restriction on the property stated in papers ,it will not automatically force you to sell,but can do if made final,however at the hearing you must explain what difficulties the order will effect you by,mention that you've offered payment at a rate you can afford ,this may help the order not being made final,
have you any dependants living ther at school age etc?
and stick to any directions given to you.
any amount offered to pay back outstanding amounts to a company usually cannot be rejected
the restriction on your property depending on the type usually means that if you sell the property you must get proof of final monies owed ,paid to the creditor in full, before you receive whats left.
q.. is the property in question[on interim charging order jointly owned[it will say on landreg search results].

im not legally qualified ,just trying to help!!!
cheers rich in hull

[dog after a bone]

Re: Interim Charging Order - but payment plan was offered?

ps; remember any payment plan accepted MUST BE KEPT TO OR FURTHER ACTION WOULD BE ENFORCED,that is when a sale can be enforced this do's not happen that reguarily but an option open nether the less!.at the hearing you must mention that youv'e had no response to the mention of reduced payment[make sure you have copies of lettters etc ti prove to judge on day!!!]