Possible Charge Order on partner's mortgage

[highfield41]

Hi,

Several years ago I took out a loan from The Netherlands (guarantored by my same sex partner), which now totals nearly £11,000. Since coming back to the UK, I have been in arrears and have had problems keeping up with agreed payments. The more recent agreement was for £150.00 per month. I received an email from the UK Solicitors acting on behalf of Rabobank and who I make payments to. They say Rabobank want to put a charge order on the property that I and myself live in so that they have security. The property is in my partner's name and we are not in a civil partnership. Can they do this? We do not want to do this, especially in the current financial climate. If the bank had problems in The Netherlands would we lose our home because they would have to sell the flat. We are really worried and stressed about this and have to give an answer within 7 days from yesterday to the solicitor. Can anyone advise and help on this?

Thank you,

Cathy

[Sapphire]

Re: Possible Charge Order on partner's mortgage

Hi Cathy, sorry to hear about your problem but my first instinct tells me that Yes they can do this as your partner stood as guarantor for the loan.

Personally I would try to negotiate payments without this happening but you may be unable to stop it happening. I'm sure one of the others here will come along with an idea or two though.

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi, Thanks for your reply. I am hoping that because of the loan being from abroad that I will be covered in some wayj especially as we didn't really understand the process. Hopefully will get some good news from someone.

Cathy

[Emerald]

Re: Possible Charge Order on partner's mortgage

My thoughts are that until they have a CCJ that you have defaulted on then they cannot even think about a charge on your partners property.
Have they contacted her?
How much do you owe, and how much can you realstically pay towards this each month?
Is there any chance of getting together a lump sum to make a full and final settlement, and if so how much could you raise?
Who is the UK 'solicitor' you make payments to?

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi, I don't think I have had a judgement on this and my partner has not been contacted. I can only pay £150.00 per month which is what I originally agreed but struggled to pay. This is the only amount they will accept plus charge order. I can't afford to pay a lump sum of £11,000 or anywhere near that. The only way to pay this off in short time of approximately 3 years is via ISA and this is with help. The UK Solicitor is Shoosmiths who I have previously paid. I had an email from them this morning asking me to telephone them but I have said I want to communicate in writing as I can't cope with the call. Any advice greatfully appreciately! Thanks, Cathy

[Emerald]

Re: Possible Charge Order on partner's mortgage

I think I'd be inclined to send a SAR and see what your partner signed as well as what agreement they have for you.

[highfield41]

Re: Possible Charge Order on partner's mortgage

Thank you. I will do that and hope for the best. Cathy

[Emerald]

Re: Possible Charge Order on partner's mortgage

Let us know what response you get and we can see where to take it from there.

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi, I had a response and the solicitor said that as my partner has a mortgage and as she is jointly on the loan that they can put a charge on the property. This is the way they will be going. So what now? Cathy

[Emerald]

Re: Possible Charge Order on partner's mortgage

Did you send a SAR?

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi and sorry for delay, I have been waiting for SAR reply from Shoosmiths. I received the information from the Solicitors and myself and my partner do both have judgements. Today my partner received a letter for notification of an interim charging order on the 4th January 2009 in Reading which is not near us. The judgements are given as Mrs to each of our names although we are both miss. This is how we were classed in The Netherlands in this term. I am so worried about my partner losing the flat and do not know what to do. Any advice would be greatly received, thanks, Cathy

[highfield41]

Re: Interim Charge Order On 5 January 2009

Hi, can anyone give advice on interim charge order hearing on 5th January in Reading. Can this be given for a foreign debt and also does anyone have experience with Shoosmiths Solicitors in Reading going through Reading County Court ie. do they tend to go for force of sale. I need to know as really worried and also not happy with having to go to court in Reading when live in Devon. Cathy:18:

[Sapphire]

Re: Possible Charge Order on partner's mortgage

Hi Cathy, I've flagged this up for you, hopefully someone will pop along soon who will know the answer to this.

[Amethyst]

Re: Possible Charge Order on partner's mortgage

You can write to the court and ask them to change the venue, as you are a lit in person.

They have a CCJ for the debt against both of you so yes they can put the charge on her home.

Rabobank are an international company and have offices in London so yes its in their jurisdiction.

With regards the interim charging order - you should do a witness statement and a joint IE sheet if your finances are joint or individual one if not and say if she is willing to accept the charge and no further action to be taken on claim whilst you keep to payments of an amount you can afford.

If you have a search on here on Restons I believe theres a witness statement from my final charging order hearing which you can work from for an idea of what to put.

[Tools]

Re: Possible Charge Order on partner's mortgage

Ame, is it in this thread? HFC / Restons Claims £6k against me Won (in a way)