Repossession and interim charging order

[inaspotofbother]

Good Morning,
I find myself in the following situation.
A repossession order has been suspended until the end of June as I am due to exchange next week.
In the mean time, Nationwide filed a claim against me. Nationwide never negotiated with me for monthly repayments when I fell behind in my payments and ignored my offer and threatened me with a charging order on my property from day one. A CCJ was given, forthwith judgement in April and I received this first week in May. Nationwide never issued me with a default notice and I put in application notice for redetermining the judgement to monthly payments.
Have now received an interim charging order and when speaking to Swindon Court, they had not processed my application notice, as the District Judge had stated that I should attend court for the charging order hearing in July.

After many phone calls the Judge has now transferred my application notice to be heard at my local court but a date has still to be determined. Incidentally he states that the Charging order hearing should be heard at the same time.

However, here comes the tricky bit, I am due to exchange contracts next week to save repossession of my property, have an interim charging order with equitable charge caution placed with Land Registry, and am appealing against the forthwith judgement because Nationwide should not have put a claim in against me without a default notice.

Can anyone advise me what to do next?

[inaspotofbother]

Re: Repossession and interim charging order

Good Morning,
Having re-read my original message, I should have written, the following at the end:-

An interim charging order means that I cannot sell my property. I am selling my property to avoid repossession, therefore getting more money from the sale than if it was sold as a repossession.

An interim charging order should not have been granted to Nationwide in any case as the CCJ is being appealed against. But Land Registry has entered it as there was an order made in favour of Nationwide. I believe that this is an error by Swindon Court as there was a delay in sending out original papers to appeal against.

I am due to exchange next week and still going ahead to avoid repossession.

Does anyone know what are the consequences when I sell the property in the next couple of weeks regarding Nationwide and the interim charging order.

Any help/advice would be much appreciated.

[TUTTSI]

Re: Repossession and interim charging order

Hi Inaspotofbother

Welcome to Legal Beagles.

http://www.insolvencyhelpline.co.uk/...unty_court.php

I did not understand fully you have an interim charging order which was granted to Nationwide?

What makes you think that you cannot sell your house with this order, surely it means that when you sell your home your Solicitor will have to pay the Nationwide the sum of money which is owed out of the proceeds of Sale.

Perhaps you could clarify this point and also advise us if you have spoken to your Solicitor on this point?

Tuttsi

[inaspotofbother]

Re: Repossession and interim charging order

Hello Tuttsi,
Thanks for responding.

An interim charging order was granted to Nationwide (end of May) because a forthwith judgement was granted in mid April. I appealed against the CCJ and forthwith juddgement but Swindon Court did not process my appeal. They sent out papers late and as a result, nationwide were able to apply for a charging order to enforce the judgement. The interim charging order was given to Nationwide without processing my appeal against the CCJ.

With an interim charging order, this means that you cannot sell your property before the hearing takes place for the final charging order. This is stated in the insolvency websites, national debtline, CAB, etc. A final charging order has not yet been granted and Nationwide have put a caution on Land Registry.

Nationwide have been bullies from day one, they have not negotiated any payment plan with me, and have always threatened that they would be applying for a charging order because I own my property (well just about). This is totally discriminating homeowners. This is Nationwide's aggressive tactics and have had no interest in me paying further in monthly installments. The legal control depts at Nationwide are rude, they act like they are solicitors but are not and completely ignored my 20 letters I have already sent to them since Sept last year. They have always wanted to secure the unsecured debt.

Getting back to the point, if I have to pay Nationwide in full at the time of sale then I will have to, but this will wipe out my right to appeal against the CCJ and forthwith judgement. If I pay the money, then what am I going to court for. Swindon Court realised that they cocked up and eventually agreed to hear my case at my local court in mid July, but the application by Nationwide for a final charging order still remains.

Thanks for any advice given.

[TUTTSI]

Re: Repossession and interim charging order

Then request that your Solicitor to speak with their solicitors as it can only be good for Nationwide if you have sold your property and that you can repay Nationwide in full. Your solicitor would be the best person to deal with this at this stage as you do not want to lose your sale and this would be better than you being bankrupt and then there are no winners as the property will be sold dirt cheap and no one will benefit.

As long as your Solicitor gives them an undertaking that they will pay them in full out of the proceeds I cannot see a problem.

Tuttsi

[inaspotofbother]

Re: Repossession and interim charging order

Thanks for this Tuttsi,

I fully understand that this can happen, but if this is the case, what will happen to my right to appeal against the CCJ in the first place. The hearing in July? They've taken my £75.00 application fee and got my witness statement, etc.
It seems to me that Nationwide have by passed the proper procedure and the courts have allowed them to get away with it.
Kind Regards

[TUTTSI]

Re: Repossession and interim charging order

I think you are in a no win situation tbvh.

What could you achieve if you went to court with this appeal?

1. You could still be in the same position and lose the appeal and have further costs awarded.
2. On what basis do you think that you could win this appeal? are there grounds that you do not actually owe this money?

Tuttsi

Thanks for this Tuttsi,

I fully understand that this can happen, but if this is the case, what will happen to my right to appeal against the CCJ in the first place. The hearing in July? They've taken my £75.00 application fee and got my witness statement, etc.
It seems to me that Nationwide have by passed the proper procedure and the courts have allowed them to get away with it.
Kind Regards

[inaspotofbother]

Re: Repossession and interim charging order

Hello Tuttsi,

I think you're right, no win situation. I think from day one when people get into arrears with Nationwide or any other creditor, good Joe Public are completely disadvantaged if they are a homeowner.

I have never disputed that I owe the money. The basis of the appeal is that
1)I did not receive a default notice,
2)a monthly repayment plan was not negotiable because quote" I was a homeowner"
3) Nationwide was applying for a charging order from the outset. (letters to prove)
4) They wanted to secure the unsecured debt when other creditors have accepted a monthly repayment plan ranging from 6 to 12months. (letters to prove)
5) Current mortgage lender (Santander) would not agree to a charge on the property when repossession proceedings are in place. (Nationwide were fully aware of this as well)

Should I be saying to myself, welcome to the civil/county court justice system? I think a letter to the OFT and Financial Ombudsman are in order.

Everyone's situation improves in time, but it appears to me that companies such as Nationwide, from my experience, are not willing to help those who ask for it, even temporarily.
I am forever an optimist and my favourite quote is "what goes around, comes around" Nationwide be warned!!!!!

Kind Regards