What can I do to defend an Interim Charging Order?

[Cozmo]

Having read the defence letter kindly attached I feel its worth having a go.

[Cozmo]

I wonder if the Ashley Longmann debacle would mean any leverage as a victim of their poor advice.

[Amethyst]

Possibly that's why I was wondering what had happened with it in the end.

I would send a SAR to Halifax now to obtain all the information about the debt, and I'd also send a SAR to the company trading as Ashley Longmann now to get those records (if they still exist ( BEAUFORCE CORPORATION LIMITED )

The order from the court is dated 25th May, so if you allow for service you really need to get this Witness Statement done over the weekend to file and serve on Monday.

It is likely the final charge will be ordered and a form K restriction applied to the property - this will be against your share of the property and it will not force any sale, nor should it stop you selling the property later, a restriction does mean that the charge holder will be entitled to be informed if a sale takes place so they can request their payment from any equity.

You will want to make an offer of instalment payments while the charge is in place to reduce the final balance - presumably you have done some form of income and expenditure to work out the original pro-rata payments you were doing via Ashley Longmann - do you have those records of how much Halifax were being paid ( up to 2014? ) ( if not it should come out in the SAR ) - really, to avoid the Charge you would have to be paying a substantial amount monthly to get the judgment debt paid off within a year - which isn't realistic by the sound of things.

That CCJ will remain on your credit file and the register for 6 years. The restriction doesn't have a time limit on so will be there until you sell the house.

You are likely to hear more from other creditors that were being paid through the DMP - if that did cease in 2014 then you still have a couple years before anything would be statute barred if you haven't acknowledged anything in the meantime. It's more likely they have all been sold on to people like Cabot / Lowell / Hoist and will be chased up soon - this CCJ will show in any credit searches. If you do get any other court claims ( or letters of claim ) you need to respond to them - many of these debts are defendable on documents or you can at least try to come to installment /settlements without having a judgment.

Have you a copy of the original judgment ?

[Cozmo]

Thanks a lot for this time and knowledge, I will look for the judgement info asap.

[Amethyst]

Yip just need to know for certain if it was forthwith or instalment. Likely forthwith as their aim all along is to secure via a charging order.

[Cozmo]

Wow, sneaky as....asap

[Amethyst]