Possible Charge Order on partner's mortgage

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi and thanks for replies. In regard to venue, I think it is too late as now 24th and hearing is on the 5th. I also think there is a fee but not sure what this is - any ideas? Have a lovely Christmas everyone! Cathy

[Amethyst]

Re: Possible Charge Order on partner's mortgage

Probably be £35 Application on N244 form. Call the court and ask them about having it moved - may put the date back a bit too.

Also make a start on the witness statement and get this charging order at least on your terms. Is meant to be in 7 days before hearing so you have time....if they won't move the hearing then that is your way of defending yourselves if you can't attend. Also if you can't attend, tell the court you can;t and are submitting the witness statement in place.

A very lovely christmas to you both xx

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi and thanks for your advice. Merry Christmas from us both!:santa1:

[Emerald]

Re: Possible Charge Order on partner's mortgage

Have they got a CCJ and if so against who?
Hvae you got a copy of the agreement/guarantor document your partner signed?

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi and thanks for your reply!

In answer to your question, we both have judgements on this and have a copy of financial agreement which is in Dutch, can't understand Dutch unfortunately, and did not have the process explained properly when taking out loan.

Hope you had a great Christmas! Cathy

[Amethyst]

Re: Possible Charge Order on partner's mortgage

Have you done your witness statement or N244 to get it moved to a local court ? You do really want to if you want to try and stay in control of this debt.

[highfield41]

Re: Possible Charge Order on partner's mortgage

Hi, I went to the court by myself due to my partner rupturing her achilles tendon on her left foot. All ended ok, paying amount that we were paying and charge on property. However, as the nice judge said, it stops any bankrupty proceedings and also he said it is extremely rare for sales to happen unless someone is avoiding paying at all costs or not keeping to agreement. The judge did say that if the company asked for sale of property despite payments being kept up, the case would be thrown out. I left the chambers feeling more relaxed and more in control. Thanks everyone for your help - much appreciated!! Cathy

[Amethyst]

Re: Possible Charge Order on partner's mortgage

Fabulous Glad you got a nice Judge, and you got the result that you wanted.

Thanks for letting us know what happened.

[Tools]

Re: Possible Charge Order on partner's mortgage

Excellent news Cathy well done.

Sorry to hear about your partners injury, bet she was over the moon with the result though