URGENT Reston's - Interim Charging Order

**Amethyst** · 30th August 2018, 14:11:PM

Were you aware that Restons had obtained a CCJ against you ? ( and who are they acting on behalf of ? )

Did you make your installment offer via the form N245 for redetermination with the court - or was it directly with Restons following a forthwith judgment order?

How much approx is the judgment for ?

**PD2012** · 30th August 2018, 15:01:PM

Hi
No I wasn't aware that Reston's had obtain a CCJ against me (they are acting on behalf Aqua MasterCard) as I thought I dealing the Aqua directly as I was made redundant and I missed some payments, so they had passed the debt onto various DCA's

My monthly offer was made directly with Reston's

The judgement is for approx. £3500.

**Amethyst** · 30th August 2018, 15:03:PM

Okay, when did you find out that Restons ( well, who they are acting for) had managed to get a judgment ?

Are the claimants actually Aqua ( it'd be NewDay, as Aqua is a brand of NewDay ) or is it someone like Cabot ?

And is the letter from the court, Restons or the Land Registry ?

**PD2012** · 30th August 2018, 15:45:PM

Hi
I received an update on my Credit File and the claimants are Aqua/New Day

Letters are from Reston's and the Land Registry

**MIKE770** · 30th August 2018, 15:49:PM

did you receive court papers prior to this?? if not maybe a set a side application??
Set Aside Application

**Amethyst** · 30th August 2018, 15:52:PM

Unusual for it to be action brought directly by NewDay - usually things get sold on to DCA's before going to court.

Have you looked into applying to set-aside the original judgment ?
Do you know how the judgment was made without your knowledge ? ( have you moved house between defaulting the account and the claim being issued for example )

How much approx is it?
Have you got a copy of the original judgment from the court ( or from Restons) and was it forthwith or an installment order? ( obviously you wouldn't have paid if you weren't aware of it )

You completed an IE sheet for Restons and made an offer of payment based on your income/expenditure. Did you keep a copy of this communication to them, and was that by email or by letter ?

What you need to do, if you just want to argue against the charging order being made final, is to submit a witness statement to the court setting out your reasons ( lack of equity, jointly owned, other creditors etc) and making your offer of payment by installments.

It is, sadly, likely that the charging order will be made final, but as the house is jointly owned, and the debt is only in your name, it should just be a restriction and as long as you keep up the installment payments no further action will happen and the charge should be removed once the judgment amount has been paid in full.

**PD2012** · 30th August 2018, 16:11:PM

Thanks for your advice, I sent a letter to Reston's with the offer, but I never received any acknowledgment of my offer!!
Is that standard practice?
The Final Charging Order does that mean we cannot sell the house?

**Amethyst** · 30th August 2018, 16:28:PM

It might make it difficult but it shouldn't stop you entirely. The debt would be paid out of the equity when you sell, after the mortgage and any secured loans have been paid off.

It is standard practice but it's not right and you should use that you made an offer and heard nothing back in your witness statement ( as well as that you knew nothing of the original claim or judgment until you checked your credit file )

Did you give Restons permission to contact you by email at all ? ( might have been Aqua you gave permission to discuss on email via the agreement ) really - have you found their email in your Junk mail or anything ?

**PD2012** · 30th August 2018, 16:36:PM

Hi
I have checked junk mail and all other mail boxes but no email from Reston's or Aqua!

I did have contact with Aqua over email.

I read that I can apply for an administration order would that stop the Final Order Charge?

**Amethyst** · 30th August 2018, 16:57:PM

Sounds extreme, What's your overall circumstances? https://www.gov.uk/options-for-payin...tration-orders - https://www.citizensadvice.org.uk/de...right-for-you/ you'd need to take advice from a debt advisor - Citizens Advice is probably best - actually it might be best if you make an appt with them and take all your documents to them with your overall situation to see what they suggest if you don't want to deal with the judgment or final charging order application yourself. It would stop the final charge being applied but it's likely the interim order would remain.

**PD2012** · 5th February 2019, 12:10:PM

Originally posted by Amethyst View Post

Sounds extreme, What's your overall circumstances? https://www.gov.uk/options-for-payin...tration-orders - https://www.citizensadvice.org.uk/de...right-for-you/ you'd need to take advice from a debt advisor - Citizens Advice is probably best - actually it might be best if you make an appt with them and take all your documents to them with your overall situation to see what they suggest if you don't want to deal with the judgment or final charging order application yourself. It would stop the final charge being applied but it's likely the interim order would remain.

Hi The Final charging order was made against the property in December despite me attending the court hearing.
Do you know of any Mortgage Brokers/Solicitors that have experience in helping people who want to either remortgage or sell their property with a charging order?
The Charging Order I believe is a restriction in standard Form K, as the debt is in my name only, but a joint Mortgage.

Thanks

**Amethyst** · 5th February 2019, 13:00:PM

If it is a restriction then it shouldn't stop you selling the property - the conveyancers should inform the restriction holder that the property is being sold and confirm to the potential buyers conveyancers that notice of the proposed sale has been given to the restriction holder. When the property is sold the debt is paid from any equity.

7.11 Form K (Charging order affecting beneficial interest – certificate required)

No disposition of the

{choose whichever bulleted clause is appropriate}

registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction
registered charge dated {date} referred to above, other than a disposition by the proprietor of any registered sub-charge of that charge registered before the entry of this restriction

is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of {name of judgment debtor} made by the {name of court} on [date] (Court reference {insert reference}).

**PD2012** · 5th February 2019, 13:09:PM

Originally posted by Amethyst View Post

If it is a restriction then it shouldn't stop you selling the property - the conveyancers should inform the restriction holder that the property is being sold and confirm to the potential buyers conveyancers that notice of the proposed sale has been given to the restriction holder. When the property is sold the debt is paid from any equity.

Thanks
Is it the same if we were to remortgage the property with a different lender?

I'm also looking at taking my name off the mortgage and my partner can try to remortgage in her name only, is this viable option?

**Amethyst** · 5th February 2019, 13:18:PM

If you remortgage the same property in both names the charging order will go with you.... and the bank may want it to be paid off before they will offer a new mortgage on it ( so will depend on any equity and what the LTV would be including the charge). To remortgage in just your partners name would mean you'd have to pay the restriction - because, in essence, you'd be selling the house to your partner. Your best bet is to talk to your mortgage broker.

URGENT Reston's - Interim Charging Order