Interim Charging Order help

[Vicks41]

I have just received an Interim Charging Order for a UAE credit card. I had 2 paid one off then missed 2 payments and received a CCJ. .
I have been harassed for the past 7 years and interest added has been obscene and made it impossible to pay.

I have not missed any CCJ payments
Now I have received Interim Charging Order

I need help on how to reply. I am so scared of being Forced to Sell as I am in 20000 negative equity and will be in such a worse state than I am now if possible

Please help this making me ill...

[EnglandPi]

If a charge is placed on your property it will just sit there until you decide to sell your property.

Your creditor is just taking the long view to secure the debt. As you are in negative equity they cannot force you to sell but when you do, they will be paid.

[Vicks41]

Hi thank you. I've read that they may force me to sell though. The company has the money to spare to do this no matter what the costs to them.

[EnglandPi]

Its for the courts to decide not the company, the court wont allow anyone to force anything but I'm not a solicitor des8

[Vicks41]

I have been told by the solicitor dealing with the case that I am within my rights to ask for the charge not to be made final. Can anyone help with letters to this effect please?

[EnglandPi]

I have been told by the solicitor dealing with the case that I am within my rights to ask for the charge not to be made final. Can anyone help with letters to this effect please?

Can't your solicitor help you?

[MIKE770]

Des-8

[Vicks41]

EnglandPi I haven't got a solicitor they are working for the creditor

[des8]

So an interim charging order stops you selling your property without the knowledge of your creditor.
If they obtain a final charging order it means if you sell you have to discharge your debt
To force you to sell they need to obtain an order to sell

You have 28 days to object to the creditor being granted the charging order.
Objections should be in writing and filed in court and served on creditor

your objections might include for example if relevant:
it is not your property
You are in negative equity (so not worth while going for an order to sell!)
You haven't missed any instalments since CCJ obtained
creditor hasn't applied properly eg not informed your spouse or civil partner

You can ask the court to condition the charging order.eg impose an affordable instalment order. You keep up with the payments and the creditor will find it much harder to take further enforcement action through the court.

Tagging Celestine for you, as I recall her writing on these matters sometime ago

[Vicks41]

Thanks so much