Interim charging order

[lizzy1]

How should I best defend myself regarding an interim charging order being applied to my property this month.


A CCJ was applied a year ago but have since lost job and can not afford to pay anything until I find work. How is it best to inform the court about this I know I cant stop the charge going a head but would like to know if its possible to safe guard myself regarding this process? Once I get employment I could start payments again?


What should I say in a letter to the court?


Hope some ones around to help?

Thanks

[lizzy1]

Re: Interim charging order

At present I cant afford to offer the creditor any money towards the loan and will have to have the charge applied to my house, can I still ask the judge to add restriction on the charge so as I cant be forced to sell the property?

hope someone can advise as court next week many thanks

Lizzy1

[FlamingParrot]

Re: Interim charging order

Sadly most charging order applications succeed, even when the debtor is able to make substantial repayments towards the debt. However, having a charge on your property doesn't mean it will have to be sold, it merely secures the debt so when the property is sold, the charge will be paid from any equity. If the property is jointly owned, they can only record a restriction. Although in theory a charging order enables the creditor to apply for an order for sale, in reality such orders are as rare as hen's teeth, they are hardly ever granted for consumer credit debts under £25k. :grin:

With regards to monthly payments into the CCJ, if you need to reduce the amount you must pay (which can be reduced right down to just £1/month if you are out of work and on benefits), you can apply to the court for a variation order. You will need to submit an income and expenditure form showing your circumstances, you'll find a good online template here: http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

You will need to submit a form N245 with your I&E form: https://www.gov.uk/county-court-judg...y-the-judgment You may be able to get remission on the £40 application fee: http://hmctsformfinder.justice.gov.u...aflets_id=2836

[lizzy1]

Re: Interim charging order

Thank you that was really informative. I have left it so late to get this sorted. Have court this week and I don't want to go but I know I have too.

So if I complete a income expense form and fill out a N245 to change the monthly payments to what I can afford and hand this to the judge will the court still put the charge on my part of the property anyway; Handing this information in to the court doesn't stop the charge being applied?
Have I got this right?