charging order

[sierradelta]

Hi all
I have a charging order put on my house about 8 years ago I had a car purchased on hp it was 5000 financed by marsh finance and they also took out gap insurance for the car payments were 200 a month over 5 years after 13 payments the car was stolen insurance company paid out 4300 to marsh so they had received about 7000 for the initial 5000 what I wasn't aware of was an outstanding 350 which was covered by gap insurance but they never paid it so marsh took it to court and went for the remaining 3300 intrest which they would have received if the contract ran for the full 5 years I missed the court appearance and was told a charging order was made against my house me being nieve thought that they only get paid if I sell my house which I have no intention of doing so just left it what I didn't realise is that nobody will give me a cheaper morgage deal so stuck on 6% phoned marsh offered them the 350 which they rejected so offered 1350 still rejected don't want to pay them the full amount but backed into a corner please help spoken to a solicitor who said there maybe a case for overcharging but he wants 400 just to look at it then more when it goes back to court or shall I challenge it myself with a n244 form

[FlamingParrot]

Re: charging order

Hi all
I have a charging order put on my house about 8 years ago I had a car purchased on hp it was 5000 financed by marsh finance and they also took out gap insurance for the car payments were 200 a month over 5 years after 13 payments the car was stolen insurance company paid out 4300 to marsh so they had received about 7000 for the initial 5000 what I wasn't aware of was an outstanding 350 which was covered by gap insurance but they never paid it so marsh took it to court and went for the remaining 3300 intrest which they would have received if the contract ran for the full 5 years I missed the court appearance

How long ago was all this and what was your reason for missing the court appearance?
Welcome aboard

and was told a charging order was made against my house me being nieve thought that they only get paid if I sell my house which I have no intention of doing so just left it what I didn't realise is that nobody will give me a cheaper morgage deal so stuck on 6%

That is generally the case with Charging Orders, they get paid from the proceeds of the sale of the property. The reason lenders won't give you a cheaper deal is because a CO is usually related to a CCJ for non-payment of a debt, which, in their eyes, makes you look like a credit risk.

phoned marsh offered them the 350 which they rejected so offered 1350 still rejected don't want to pay them the full amount but backed into a corner please help spoken to a solicitor who said there maybe a case for overcharging but he wants 400 just to look at it then more when it goes back to court or shall I challenge it myself with a n244 form

You may be able to get the underlying CCJ set aside. If you were successful, the charge would also have to be removed. However, it all depends on the history of this. Did you submit a defence? Presumably you did as you say you were due to appear in court. What was your defence?

A successful set aside application would require a valid defence as well as a valid reason for not having attended the hearing to start with.

[sierradelta]

Re: charging order

Yeah thanks for the reply it all started 8 years ago I did have a ccj but after 6 years that was removed from my credit report I arrived at the court a day late my fault just had the wrong date in my head my defence was going to be that over the course of 13 months they had received over 7000 for their initial 5000 and that they had taken the gap insurance out in my contract that I signed and beilived it was up to them to claim it back and that how does a £350 debt suddenly rise up to £3500 any help is greatly appreciated like I say I was silly to think that if I never had the intention to sell my house I wouldn't have to pay them a lot of it is down to principle I hate paying money I don't think I owe .
Thanks for any input

[FlamingParrot]

Re: charging order

Yeah thanks for the reply it all started 8 years ago I did have a ccj but after 6 years that was removed from my credit report I arrived at the court a day late my fault just had the wrong date in my head my defence was going to be that over the course of 13 months they had received over 7000 for their initial 5000 and that they had taken the gap insurance out in my contract that I signed and beilived it was up to them to claim it back and that how does a £350 debt suddenly rise up to £3500 any help is greatly appreciated like I say I was silly to think that if I never had the intention to sell my house I wouldn't have to pay them a lot of it is down to principle I hate paying money I don't think I owe .
Thanks for any input

I can certainly see the injustice here, however, it's been 8 years since the CCJ behind this charge was obtained. :ohwell: Did you ever attempt to challenge it?
Sadly it's been so long I can't see how a court would agree to consider your application for set aside after all these years.

As it's been so long since they obtained the charge and you've shown no sign of selling, your best bet would probably be to keep trying to get them to accept a full and final offer in return for removing the charge, arguing that, since you have no intention of selling, they will get their money much quicker in this way. How much are you paying every month?