HELP- Received interim charging order

[lfc3110]

I'm new and need some advice urgently. I today received an Interim charging order from Restons solicitors reagrding a credit card debt to MBNA of my husbands that I knew nothing about. I didn't even know he had a credit card. Anyway from what i can get out of nmy husband it seems he's had the card a good few years but then was made redundant twice within 2 years and struggled to pay it. The charging order is for £6356 although how much of that is his debt and how much is charges I don't know. He apparently searched on line for some help and thought he might have an unenforceable credit agreement so went down the line of requesting a copy of his CCA agreement. He requested this on more than one occassion as he kept getting letters that didn't even acknowledge his letters to them. Ie they ignored his requests.

I'd like to know where I stand in all this because I do not what a charge over my property when the debt isn't even mine.

His is an unsecured debt so basically this turns it into a secured debt- is this right?

[Amethyst]

Re: HELP- Received interim charging order

Unfortunately yes they can.

Is your property owned jointly with your husband ? As joint owners you'll have had seperate letters, everything to date will have been addressed solely to your husband.

To get to an interim charging order stage, Restons will have put a claim into court, they would have sent court papers to your husband, he'll have defended/admitted the debt and offered topay, or ignored it, or it may not even have arrived. The judge will ordered payment, by installment or forthwith as a lump sum, it hasn't been paid, then Restons apply to court for permission to apply for a charging order, which I believe is wher you are at now.

You can defend it, but you need to get your husband on here so we can work out what happened with the court claim and if he does actually have any defence to it or can make an application to set it aside, or change to installment payments instead of the charge over your home.

Talk to him, ask him for the court papers if he had them, and encourage him to come on here and we'll help you get something together. The next letter you should get will be from the court for a hearing for changing the interim order into a final charging order, so we need to get something sorted before that comes around.

You can refute the charging order without his input but it depends on the basis your household finances work and how the property is owned. I think there are details in the information Restons and the Land Registry send out ?

[lfc3110]

Re: HELP- Received interim charging order

My husband has basically buried his head in the sand by the sounds of things. He has ignored every letter that has come for him and binned them without even opening them! so he has no idea what he has and hasn't received. What a mess!!

[Amethyst]

Re: HELP- Received interim charging order

Okay, this would appear to be a default judgment in that case. Can you get your husband to come on here, or at least be looking over your shoulder as you'll need to work on this together.

Are there many other debts which need sorting out ?

You mention he was going with unenforceable credit agreements - was he using a website or a claims company to do this ?

You will need to apply to the court to set aside the judgment, but it is only worth doing that if there is a defence to the claim, so we'll need some more details of the debt and his requests for the CCA.

If not you would be better place to apply for redetermination of the judgmented amount to installment repayments, but the claimants would still be able to get a charge over your home as security. Charging orders arent anything to be scared off if you set installments at an affordable amount and stick religiously to paying it.

As an idea I have a charge on my home for a £6k debt and am paying £66 per month.
Others have £15k debts they are paying, secured by a charge, at £20 a month.

If you decide not to fight to set aside and defend the claim (and we wont really know till we have a bit more info) You'll need to do a full income and expenditure sheet and work out, taking into account everything you owe, proportionally how much you can afford to offer. There are IE sheets linked at the top of this forum to help you. You would then complete an N244 form, http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf , there is a fee payable, and enter that to court asking the judgment amount to be redetermined to installments.

Will help all we can xx

Ame
xx