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interim charging order and ex partners home

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  • interim charging order and ex partners home

    Good Morning all

    I am currently with Stepchange on DMP, back in July one of my creditors gained a CCJ against me, I applied for redetermination as the amount requested by instalments was far too high, This morning I received a letter from my local court with in a interim charging order and a summons date with the redetermination taking place on the same day.
    Now this is the bit that gets complicated,
    The property for the interim charging order is my ex partners home, back in November 2006 I raked up debts of approx. £28000 (I should have learnt my lesson back then) and he agreed to re-mortgage his home with my name on to help clear the debts, but in 2009 I moved out as the relationship had finished at the end of 2008, As agreement I said would contuine to pay so much per month towards the mortgage until the fix rate ends in Dec 2013 and my name would be removed from the mortgage, as I thought it would be unfair for him to lose his home for which he had done something for me.
    I donít actually have any interest in assets of his home, but I am worried that this charging order may go ahead.
    The creditor in question is one of my lower debts, and neither of my other creditors have threatened legal action, and 3 of them which is more than the debt in question are currently very happy with receiving my current payment.

    Thanking you in advance for any replies
    Tags: None

  • #2
    Re: interim charging order and ex partners home

    your name must be on the property with the land registry

    Comment


    • #3
      Re: interim charging order and ex partners home

      Originally posted by catman80 View Post
      Good Morning all

      I am currently with Stepchange on DMP, back in July one of my creditors gained a CCJ against me, I applied for redetermination as the amount requested by instalments was far too high, This morning I received a letter from my local court with in a interim charging order and a summons date with the redetermination taking place on the same day.
      Hi and welcome to LB!

      Sadly, even if they agree to the redetermination and allow you to make lower payments, they are still likely to go ahead with the CO to secure the debt.
      Originally posted by catman80 View Post
      Now this is the bit that gets complicated,
      The property for the interim charging order is my ex partners home, back in November 2006 I raked up debts of approx. £28000 (I should have learnt my lesson back then) and he agreed to re-mortgage his home with my name on to help clear the debts, but in 2009 I moved out as the relationship had finished at the end of 2008, As agreement I said would contuine to pay so much per month towards the mortgage until the fix rate ends in Dec 2013 and my name would be removed from the mortgage, as I thought it would be unfair for him to lose his home for which he had done something for me.
      Presumably your name is still on the mortgage as well as on the Land Registry records, otherwise they couldn't record a charge on a property you don't own, if the debt is not in joint names with your ex.

      If the property is still in joint names, they can record a restriction, which is different from a charging order. There is a rather lengthy discussion on the subject here: http://forums.moneysavingexpert.com/...1839539&page=1

      Comment


      • #4
        Re: interim charging order and ex partners home

        Originally posted by catman80 View Post
        I raked up debts of approx. £28000 (I should have learnt my lesson back then) and he agreed to re-mortgage his home with my name on to help clear the debts, but in 2009 I moved out as the relationship had finished at the end of 2008, As agreement I said would contuine to pay so much per month towards the mortgage until the fix rate ends in Dec 2013 and my name would be removed from the mortgage, as I thought it would be unfair for him to lose his home for which he had done something for me.
        I don’t actually have any interest in assets of his home, but I am worried that this charging order may go ahead.
        The creditor in question is one of my lower debts, and neither of my other creditors have threatened legal action, and 3 of them which is more than the debt in question are currently very happy with receiving my current payment.
        If you want some help with your debts, maybe you want to tells us a bit more about them.

        Comment


        • #5
          Re: interim charging order and ex partners home

          The mortgage is in both our names but the debt is just in mine,
          Back in February, he got me to sign a agreement, which stated why the home was remortgaged in which i pay so much a month, and that come dec 2013 that he would resume sole responsibility of the mortage and property, would that stand up to the judge at all ?

          Comment


          • #6
            Re: interim charging order and ex partners home

            I might be wrong but NO

            Comment


            • #7
              Re: interim charging order and ex partners home

              If the document your ex partner got you to sign was a land registry document making you tenants in common rather than beneficial joint tenants then it could have some bearing, though I think that it is doubtful, ( as it would mean your ex would have to buy you out of your share of the property and you'd pay the charging order from your share) otherwise when you try to have your name removed from the mortgage this charging order will flag up and will need to be sorted out beforehand.

              How much is the CCJ for, who are the creditors/claimants, and what were the original installment arrangements that you applied for redetermination of, and did you make an offer to pay in the original claim (ie how were the original installments set).

              Did you get your original 28k debts sorted out?

              If you get a witness statement in to the court with copies of the documents at least 7 days before the redetermination hearing, along with your IE sheet etc, you can try to defend the charging order being made final. Sadly though to the creditors, and the court, you currently own a property which they can use to secure this debt against.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: interim charging order and ex partners home

                Thanks for your help,

                the creditor is sygma bank and ccj is for £1400, i made a offer for £15 but was refused and court ordered approx £350 in installments.

                the £28k debts was put onto the mortgage.

                Regards

                Catman

                Comment


                • #9
                  Re: interim charging order and ex partners home

                  Ok, with your £15 offer had you submitted all your income/expenditure sheets - and did you have assistance (from CAB/CCCS etc?) doing the IE sheets? £350 is certainly a big jump (and an awful lot to pay on a £1400 debt) so we might need to go through your IE and see why this is. It may be just so the creditor can have the charging order at the redetermination hearing

                  The 28k debts that was put on the mortgage - is your ex taking over that part of the mortgage in december ?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: interim charging order and ex partners home

                    Originally posted by catman80 View Post
                    Thanks for your help,

                    the creditor is sygma bank and ccj is for £1400, i made a offer for £15 but was refused and court ordered approx £350 in installments.
                    Sadly the threshold for a charging order is just £1,000 and they can be granted even when the debtor makes repayments, although on jointly owned property it would be only a restriction as noted above.

                    £350 is way too high for a £1,400 debt! :scared: If it was a live account, your minimum payments would be no more than £50, and most people pay much less into their CCJs. You need to submit and Income and Expenditure form to the court showing how much you can afford to back up your monthly installment offer.
                    Originally posted by catman80 View Post
                    the £28k debts was put onto the mortgage.
                    What a shame you didn't find us earlier!

                    Comment


                    • #11
                      Re: interim charging order and ex partners home

                      Before i defaulted the minimum payment was approx £19,

                      but on the plus side my ex partner has being very understanding about the situation.

                      Thank you for your advice, and will keep you posted with the outcome

                      Comment

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