Worriedandbothered

[enaid]

I typed a long post regarding my current situation. I usually copy and paste before "clicking" but it seems to have gone up "in smoke"
In a nutshell, I have been on a DMP for three and a half years. My biggest creditor, who issued a Summons when I missed a payment, (redundancy) have transferred the matter to my local CC, I have now receved a notice they are applying for a charging order, reason they have stated is the (extended) length of time for the repayment,. I am joint owner of a modest property. My partner did not know I had the debt. I am not far off retirement, in view of the tone of the new "summons" I am worried this may be the first step in applying for sale of our house!! I am not very happy with reagrd to the way the DMP firm have advised me (ha ha!) and also I am unaware taht I was given a default notice in the first place, but I will need confirmation from DM company (they have all the paperwork. this has caused me several sleepless nights. I dare not tell my wife about this development. I think the creditor ( I will be namimg them!) are spiteful, vindictive, and what hope have people who have advised, owned up they have got into debt, tried to sort it out, then, virtually out if the blue, receive this sort of treatment. Or am I a moaner???

[Curlyben]

Re: Worriedandbothered

Well that fairly sucks !!!

It's unlikely that they'll push for a sale order, but you could always go for a Time order on this one.
Debt Factsheets - Time Orders

[worriedandbothered]

Re: Worriedandbothered

Hello Curly Ben,
From reading the factsheet on this one, (Timeorder) I do not think it applies to my situation? But I could of course be wrong. From what I can understand, It limits the amount? My debt is nearly double! the amount of 15,000. Sorry if I have it wrong, just spoken to my personal advisor at DMP he was "helpful", but still said let the charging order go through

[worriedandbothered]

Re: Worriedandbothered

I hope you can clarify this for me. I had the charging order hearing and the judge refused it. On the grounds that payment was being made on a regular basis. I have a question with reference to the joint ownership I have (of the property we live in) . Can I now sign over my part of the property to my wife? This is not to avoid the debt, but rather to stop the bank having another "go" later. Also to give my wife some sense of security

[Amy]

Re: Worriedandbothered

If your creditor has no rights over your property you can sell it to whomever you choose.

[frisp]

Re: Worriedandbothered

If the house is jointly held, then I'm not sure selling to your partner will solve the problem. Who is your DMP with? I'd SAR them and get all your data.

[Judge mental]

Re: Worriedandbothered

This may provide the information you need in respect of your questions .... it also gives quite a comprehensive list of arguments which can be used to defend an application for a charging order
http://www.insolvencyhelpline.co.uk/...unty_court.php

[WendyB]

Re: Worriedandbothered

Is the debt in your name, or in joint names? And what is the debt for? If the debt is in your name only, and your wife is the sole owner of the property, then I don't see how they could get a charging order on her property for a debt which wasn't hers. But is the debt for a loan secured against the property?

[elliebellie]

Re: Worriedandbothered

hey there -

if the debt is in your name, thay can only apply for force of sale against your share of the property - DO they alrady have the CCJ ? if the charging order has been rejected then they can re apply for the same judgement again i think, they would have to secure it in some other way - however if you are payingm even if you miss a payment but can prove you are paying what you can, then the judge should rule in your favour? Always rememebr, the courts dont work for the companies, they also work for the little peeps

hope this helps - i have been in a similar position