Conker v Natwest

[conker]

Re: Conker v Natwest

Hi Ame

Still negotiating with them but have a couple of questions regarding the charging order problem.

If the judge grants them one can i appeal against it and how would i do that?

If we wanted to move house and a charging order has been placed against our current property though it has been agreed not to enforce it as long as the payments are maintained would the charging order be transferred to the new property or would they claim the money once sold leaving us with less to buy the new property?

Thanks
Conker

[Kafka]

Re: Conker v Natwest

It is often stated that Charging Orders only get granted if you default on an agreement made through a court, rather like the enforcement through bailiff action. In practice this is generally not the case and many courts view a CO as a rubber-stamping job once the judgment is in place.

The CO itself doesn't do anything, but gives security for the judgment debt against an asset. If you were to break conditions of repayment set by the court, then it would be an easier job for the bank to try to get an Order of Sale on the property to recover the debt. Having said that, most courts are reluctant to grant Orders of Sale in this situation, and especially if the mortgage is joint, but the debt only attaches to one party. You can't sell half a house, so an innocent party would be subject to the injustice of a house sale.

The CO itself only attaches to a judgment and while you can argue in court that it should not be applied, I think most courts go along with these applications, because they are not as dramatic as Orders of Sale.

The idea of the CO is that the CCJ is registered with the Land Registry, so that if you sell the house or remortgage, the CCJ flags up and this debt would have to be repaid as a second charge against the property after settling the old mortgage. If there was insufficient equity left to settle the CO, then the bank would probably seek court approval to attach the charge to any other mortgage that you took out I expect.

I'm not sure if you can appeal a CO after one is granted. The normal procedure here is to try to get the original judgment set aside because if that can be done then the CO falls away automatically. In truth, if they have judgment already then its a very difficult job to get this set aside or to stop a CO being granted, though either of these things is possible in some cases.

[conker]

Re: Conker v Natwest

Thanks Kafka i read somewhere that if a property/mortgage is jointly owned that only a restriction order may be applied,have you heard of this??

[conker]

Re: Conker v Natwest

Can you respond please Kafka(anyone)

[conker]

Re: Conker v Natwest

Hi Ame

Hope all is well with you?

Not sure if you can bump Kafka for me?

This case is still up in the air at the moment am still trying to negotiate with the claimant over the CO will keep you posted.

General question and not sure if its worth starting a new post I have a couple of other debts which i requested the cca for back last year,they have not been produced and i have heard nothing else my concern is they may be continally adding charges/interest without my knowledge and i'm afraid they may come back to me sometime in the future demanding mega money???What should i do about these debts?

I am also paying a debt by arrangment though they have not produced a cca should i keep paying?

Thanks as Always
Conker

[conker]

Re: Conker v Natwest

Hello

Can anybody assist with my last post please

Thanks
Conker

[conker]

Re: Conker v Natwest

hello anybody there???

[Amethyst]

Re: Conker v Natwest

General question and not sure if its worth starting a new post I have a couple of other debts which i requested the cca for back last year,they have not been produced and i have heard nothing else my concern is they may be continally adding charges/interest without my knowledge and i'm afraid they may come back to me sometime in the future demanding mega money???What should i do about these debts?

I am also paying a debt by arrangment though they have not produced a cca should i keep paying?

Thanks as Always
Conker

Keep paying those debts despite not having the CCA (if you know you do owe them). Ask the ones you havent heard from for full statements of our account so you can see where things are at and you can look at sorting out any charges / freezing interest and if you havent alread get yourself set up on a affordable payment arrangement on those, save them going to court too. Use the lack of response to the CCA request as a bargaining encouragement but to be honest the time of saying hummph no CCA no payments is long gone if you dont want more court and hassle on your credit files.

[Amethyst]

Re: Conker v Natwest

Thanks Kafka i read somewhere that if a property/mortgage is jointly owned that only a restriction order may be applied,have you heard of this??

This is discussed at length somewhere on here if you have a search for restriction order. Basically thats applicable only if you are tenants in common which most 'couples' with joint mortgages are not (legally), ahhaa found it - When is a Charging Order not a Charging Order? - Legal Beagles Consumer Forum

[conker]

Re: Conker v Natwest

thanks Ame hope u r well apologies for the delayed response been away so even if no cca has been produced after requesting it i should try and arrange a payment plan with them even though it is not enforceable with no cca has something changed regarding the no cca not enforceable???It has been at least a year since the cca requests and i have heard nothing.....bit confused as to why the creditors have not chased me

also this case now with natwest they keep asking for a further stay to negotiate with me but i hear nothing from them i have agreed to the £50.00pm but not the charging order why are they waiting?Is there likely to be a change in the charging order rules that they are waiting for??

Do you know anything about the four corner rule?

thanks for the CO link

Many thanks
Conker

[conker]

Re: Conker v Natwest

Satisfactory result CCJ for £50.00 per month no charging order as long as i pay which i will
thanks to everyone who has helped me especially you Ame

[enaid]

Re: Conker v Natwest

Thanks for the update conker and am pleased you got a result that you can manage.

[Amethyst]

Re: Conker v Natwest

Satisfactory result CCJ for £50.00 per month no charging order as long as i pay which i will
thanks to everyone who has helped me especially you Ame

Thats fab news, am very pleased for you.

If they do try applying for a charging order down the line (eg if hey say you have missed a payment) it will help you if you keep records of every payment made to them.

Sorry I havent been about all that much recently xx

Well done

[Amethyst]

Re: Conker v Natwest

Reading your earlier post, what are the CCA's for ?