charging order help

[laney71]

Hi, I could do with some advice with a charging order application that has been made against my home.
The details are firstly the debt was for just over 16k. The creditor took us to court and an instalment order was made. Then not long after that they applied for a redetermination as to which the district judge granted a judgment forthwith even though all the instlaments were up to date and none had been missed.
An interim charging order is now in place and have received all relevant paperwork.
To add the debt is in my husbands name and our house is jointly owned by myself. There is already a charging order/restriction on my husbands share of the property.This currently stands at just over 23k.
My query is is it worth me trying to object to the charging order being made final, which i beleive i have to put in writing at least 7 days before the hearing. I have received different advice on this.

To add on the 23k debt we are paying £150 per month. this is an informal agreement.
16k debt have been paying the instalment order at £167.37pm

Any advice woud be great as if it is worth me objecting i need to do straight away as cout date is 10TH march.
Thanks

[Caspar]

Re: charging order help

What alternatives do you have?

[laney71]

Re: charging order help

What alternatives do you have?

Thanks for your reply.
I think i either need to object in writing or at the hearing possiby let the charge go on and possibly ask for conditions to be put on. i.e tht they do not ask for an order of sale if we keep up the repayments.
Forgot to put in my last post that my house is worth 80-90k and there is just under 50k owing on the mortgage so my hussbands equity is already swallowed up by the first charge. Dont think that will have any bearing but thought i woud supply more info.
Also we have a child in the house.
thanks very much.

[Ihaterbs]

Re: charging order help

I would put your objections in writing and deliver to the court at least seven days before the hearing, It may be prudent to also include the lloyds v ellis case regarding installment payments on a judgment debt.

Interesting article below.



http://www.bllaw.co.uk/pdf/financean...20property.pdf

[laney71]

Re: charging order help

I would put your objections in writing and deliver to the court at least seven days before the hearing, It may be prudent to also include the lloyds v ellis case regarding installment payments on a judgment debt.

Interesting article below.



http://www.bllaw.co.uk/pdf/financean...20property.pdf

Thanks very much. I will get to writing my letter today.