URGENT - hearing for SALE order tmw / REstons/MBNA charging order

[Amethyst]

Posted on behalf of new user - [MENTION=51773]MaryGMX[/MENTION]

Hi

i may seem pretty naive and silly but please can you advise me asp

to make a long story short my now ex husband had a credit card with mbna which he could not pay back as his business went under.
plus other things

2004 my x husband who was then my husband had a declaration of trust made up for me as he wanted to remortgage and all but double or mortgage which I did not want as it would be beyond my means to pay if on my own.

the reason being he had had cancer previously and if it came back he had very little life insurance and I was only working part time with 3 children dependant on us.
so with this I thought is any thing went wrong ie he got cancer

his is business went under a few years later and as he worked from home hide all his problems as by then.i was back at work full time so post to us both he hide.

one day I came home to find he had tried to kill himself
i then found out the trouble he was in

our house was about to be Repossesed and we owed thousands, Utilities and many other things.

I got a second job and took in lodgers to try and clear the monies owed on what was joint debt.
i could not take on any more as that was hard enough.

my ex husband ended up in prison with things he did to try and help sort him self out.

but then mbna got a charging g order on our mortgage before we were divorced even though I was in process,, and despite the trust document which they said wasn't valid.
the court fist time round was postponed due to restons saying she had left our paper work on the train, though seems later said she had it I her bag!!
second time my ex husband was in prison so could not go so I went with trust document thinking every thing would be ok as every one else (other creditors) had acknowledged it.

also at time was not in a good place as recently lost my dad of cancer who I help nurse during his illness. As well as having to travel many miles to do this.

I did write to the judge after to ask what I needed to do and sent it via court but looking back never got a response.
as I worked two jobs still had a daughter at home and a house to up keep and now a bad hip I some how forgot to chase up.

After my divorce was finalised the family court said the house was mine and the crown courts also said the same.

I am selling the house to get some where smaller that will be less expensive and manageable and so I do not need lodgers and 2 jobs.
as I had hip surgery early this year and the found I had some problems with it that are now making my mobility limited, so my second job has had to stop making things very tight for me.

I have now got another letter from the courts for a notice of hearing, for tomorrow
they want to force a sale and have their money.

i could not get to see a solicitor till Saturday though had given him my paper work a few days previously, as every time I rang them he was busy and never rang back and as I worked full time and we have no mobile signal in most of the hospital could only try and get hold of him in my dinner break.

seeing him Saturday have now made me very worried as he say I will have to probably pay them but he will ask the court if we can carry on with the hopefully sale of the house that is at present happening from me selling it.

i am at my wits end can you help or advise please.

xxx

[FlamingParrot]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

It's very unfortunate things have gone this far and time's so limited.

There's only limited information regarding the debt but one thing stands out: If the debt was the ex's and the house is the sole property of MaryGMX, how come there's a charge on HER house for HIS sole debt? :noidea: Credit cards are not joint, even if there's additional cardholders, the main cardholder is solely responsible for the whole of the debt. :confused2:

Other bits of info we are missing are:

• the amount of the CCJ/charge
• when was the CCJ obtained and the charge recorded
• whether it was a forthwith order
• was there any application for redetermination/variation ever made
• any monthly or lump sum offers
• how much equity is in the property and whether it would cover the amount of the charge in full
• it's also not clear whether the OP is the sole owner, what do the Land Registry records show?
• whether there are other charges on the property apart from the mortgage

A few points to be put forward at the hearing would be:

• The fact that the house was clearly bought as a long-term family home
• How the sale of the house would affect other people particularly dependent children (presumably they've still got at least one living at home?)
• Any health issues or disabilities that would put them in a vulnerable position, such as the mobility issues arising from hip surgery
• Any offers of repayment previously made
• Other options available to the creditor to enforce the CCJ, such as an attachment of earnings
• The fact that the property is in the process of being sold anyway and the charge will be automatically paid from the proceeds of the sale, making it rather pointless to force the sale through the courts
• Whether someone else (their ex?) has made significant contributions towards the mortgage, bills and/or other expenses, which could mean them having a beneficial interest on the property

They should put forward an installment offer backed by an income and expenditure statement and ask the court to adjourn the proceedings. The judge will have to consider the offer in addition to the issues mentioned above. Orders for sale are not often granted for consumer credit debts under £25k :thumb:

[Amethyst]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

Thanks FP, I'll email that to her incase she can't suss out the log in. xxxx I mentioned ''The fact that the property is in the process of being sold anyway and the charge will be automatically paid from the proceeds of the sale, making it rather pointless to force the sale through the courts'' to her pending replies on here so hopefully she has at least that point on board before tmw.

[Amethyst]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

Reply from Mary


First may I thank you for coming back to me, I am so gratefull.


The court yesterday have given me 28 days for a statement and till October to sell my house which I though I had sold, but yesterday when I got home found a message to say buyers pulled out, this is like a nightmare as now I have to tell restons and I am scared they will force me to sell house cheaper.


Mbna got it put on before my divorce was finalised.


My x husband owe them £20000 I think a little more and now there are over £4000 in costs.


The courts case was first suppose to be heard in 2012 early in year not sure on dates as don't understand the letters, but on day postpones a person had lost our information she thought she had left it on train. Later when my x husband ??this he was told she found it at bottom of her bag and had dropped just a little bit of info whilst helping some one out train.




I have a letter from April 10 2012


saying we enclose by way of service an interim charging order dated 28 September 2011
Together with general form of judgement or order dated 3january 2012 which is returnable for 11 may 2012 at 10 in Bournemouth and Poole county court.


This was sent to x husband I think I may of had this to but every one told me not to worry as it was not my debt including my divorce solicitor.


Up till then not sure if had any thing as my x husband use to hide all post when he lived here and as he worked from home, as I worked full time.


Some of your questions I don't understand sorry
Also earlier than that letter I don't think have any thing on



He ended up in prison before the case happened so I went on my own with the trust document.


xx
xxx I had no idea on the problems well only business was slow but not to extent it was
We had a letter saying house was to be reposed which I have taken on and cleared arrears and just pay interest and pay a little extra each month
Also had arrears in utility bills I then had to clear.


House is about £550000 now though a homebuyer person said £500000


Though had a survey before and not told that


Mortgage now about £250000


So yes equity that's why they chase me.


When the directed was finalised i was told to try and get my husband of title but can't as they said I would need to remortgage to do so and I can't afford the mortgage
Hence why I try and sell it to get a smaller place and a mortgage I can look after which can't be much as I am 57 in October.


I also have four cats and a dog, so all but I possible to find some where to rent.


Up till this year I had two jobs and take in lodgers to manage but had a hip replacement in January and still not back to normall and not sure if ever will be certain movement like getting down low nearly dislocate my hip so am living with constant aching and pain when do to much.


The trust document was written as I would not originally remortgage as new I could not afford it if any thing happened as my x had had cancer and wanted extra money to help his business hence trust document as he had very little life insurance.
This was in 2004


Mbna card not got till 2008 so he told me and he had many creditors at end I am ashamed to say
All have taken on the trust document and not put their name on tittle deed and also crown court had a hold at beginning but removed it when divorce was finalised.


Any questions you have next time I will ask some one for more help to answer but I wanted to get this to you before I go to work


Thank you again

[FlamingParrot]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

Reply from Mary

First may I thank you for coming back to me, I am so gratefull.

The court yesterday have given me 28 days for a statement and till October to sell my house which I though I had sold, but yesterday when I got home found a message to say buyers pulled out, this is like a nightmare as now I have to tell restons and I am scared they will force me to sell house cheaper.

Looks like the hearing had already taken place when this was posted. :ohwell:

Mbna got it put on before my divorce was finalised.

My x husband owe them £20000 I think a little more and now there are over £4000 in costs.

I still can't see how a court could have awarded an order for sale based on a CO for a debt incurred by a person who is not the owner of the property. :noidea: Was that issue brought before the court?

The courts case was first suppose to be heard in 2012 early i year not sure on dates as don't understand the letters, but on day postpones a person had lost our information she thought she had left it on train. Later when my x husband ??this he was told she found it at bottom of her bag and had dropped just a little bit of info whilst helping some one out train.

What case? The original claim from MBNA? The hearing to grant a final charging order? There was a change in the law regarding charging orders in 2012, hence the questions.

[Amethyst]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

Confused me too. The first email was received about an hour before I posted it, the second a few minutes.

It sounds like the charging order was already on the property before the divorce and financial orders went through.

Sounds like she's been through hell over the last few years.

[Batiks]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

Looks like the hearing had already taken place when this was posted. :ohwell:

Yes but thank you for trying to help

I still can't see how a court could have awarded an order for sale based on a CO for a debt incurred by a person who is not the owner of the property. :noidea: Was that issue brought before the court?

they did not as yet as judge given 28 days for a statement from me then up till October to finish the sale of house but that evening got home to find lost my buyer so had to let restons know and now don't know what will happen?
CO was issued in May 2012 and looking at documentation I have been sent the tried talking with x husband about making payments and he has totally ignored then.
I am only learning all this now

as he do not live here any more and as far as he's concerned the house is mine he does not care what they do.

no I did not really have much chance to say any thing and some one went with me and said to just request letting my sale carry on and when sold to have the money owed held by solicitor till the decision on the debt was sorted. (Meaning if house mine or partly his) so advised to find a good barrister
as I have no spare money and take in lodgers and work as many hours as I can to pay what to need to pay now not sure how I will pay him.

What case? The original claim from MBNA? The hearing to grant a final charging order? There was a change in the law regarding charging orders in 2012, hence the questions.

Seems there was a judgment at kings Lynn 28 September 2011
not sure when I trim charge order was
final charging order April 2012
this was the one I went on my own as he was in prison and I went with the trust document thinking that would be it.
i had not solicitor as I was knee deep I. Debt paying of arrears of mortgage he never paid and all the utility arears
as well as paying % on mortgage and all bills


what were the changes I charging orders in 2012?

[Batiks]

Re: URGENT - hearing for SALE order tmw / REstons/MBNA charging order

Confused me too. The first email was received about an hour before I posted it, the second a few minutes.

It sounds like the charging order was already on the property before the divorce and financial orders went through.

Yes it was but it was the trust document they went with.
every one have but mbna


Sounds like she's been through hell over the last few years.

I have and I'm it is my grandson that keep me going as he is partially sighted and I help look after him when his parents need to work and I am off.
our jobs between us is like a juggling act
as I live very close to them. Well may be 100 yards away so I can help the. As much as I can.