Help with Hillsden Securites

[Riadom]

I am not sure if this is how to get my question answered but my husband has recently received a letter from Aplins Solicitors acting for Hillesdon Securities Ltd who already have an Interim charging Order on our jointly owned property, entered on 30/05/2012. This was after they obtained a CCJ for the same debt on 20/08/2012 for the amount of £1986.79 - according to Aplins is currently £2250.79, which he accepts is them adding court fees etc. I have checked Land registry and this is definitely on the Title deeds.

He had financial troubles and in fact pays his two other CCJs at £10.00 per month, one is for £1692.43 which interestingly doesn't decrease and Capquest have added 'Charging Order Interest' of £176.97 to this CCJ. (This debt does not have a CO, it is a CCJ, so I am not sure if this can be added). Anyhow I digress, back to the current problem, There is definitely an Interim CO in place for the above debt and he received a letter (28th Feb 2013) stating that Aplins were about to issue a Warrant of Execution against him. He did not respond. Today he received a letter dated 20th April stating "You have not made payment under this Judgement and we are applying to have you brought before your local court to be examined on Oath as to the reason for non-payment plus detailed information of your income, assets, outgoings and overall financial situation.
This will involve a court fee of £50 which will be added to the debt and will be payable by you.
If you fail to attend the Court Hearing a Committal Warrant could be issued for your arrest.
If you wish to avoid .......

My question is surely as they have an Interim CO their money is secure as this is a restriction on the property and more importantly can they do this. (this was a purchased debt) He is not in a position to settle and would be willing to make nominal payments of £10 per month.

Any help you can give will be greatly appreciated.
Thanks in advance

[CleverClogs]

Re: Help with Hillsden Securites

I am not sure if this is how to get my question answered but my husband has recently received a letter from Aplins Solicitors acting for Hillesdon Securities Ltd who already have an Interim charging Order on our jointly owned property, entered on 30/05/2012. This was after they obtained a CCJ for the same debt on 20/08/2012 for the amount of £1986.79 - according to Aplins is currently £2250.79, which he accepts is them adding court fees etc. I have checked Land registry and this is definitely on the Title deeds.

He had financial troubles and in fact pays his two other CCJs at £10.00 per month, one is for £1692.43 which interestingly doesn't decrease and Capquest have added 'Charging Order Interest' of £176.97 to this CCJ. (This debt does not have a CO, it is a CCJ, so I am not sure if this can be added). Anyhow I digress, back to the current problem, There is definitely an Interim CO in place for the above debt and he received a letter (28th Feb 2013) stating that Aplins were about to issue a Warrant of Execution against him. He did not respond. Today he received a letter dated 20th April stating "You have not made payment under this Judgement and we are applying to have you brought before your local court to be examined on Oath as to the reason for non-payment plus detailed information of your income, assets, outgoings and overall financial situation.
This will involve a court fee of £50 which will be added to the debt and will be payable by you.
If you fail to attend the Court Hearing a Committal Warrant could be issued for your arrest.
If you wish to avoid .......

My question is surely as they have an Interim CO their money is secure as this is a restriction on the property and more importantly can they do this.

Yes.

[FlamingParrot]

Re: Help with Hillsden Securites

I am not sure if this is how to get my question answered but my husband has recently received a letter from Aplins Solicitors acting for Hillesdon Securities Ltd who already have an Interim charging Order on our jointly owned property, entered on 30/05/2012. This was after they obtained a CCJ for the same debt on 20/08/2012 for the amount of £1986.79 - according to Aplins is currently £2250.79, which he accepts is them adding court fees etc. I have checked Land registry and this is definitely on the Title deeds.

He had financial troubles and in fact pays his two other CCJs at £10.00 per month, one is for £1692.43 which interestingly doesn't decrease and Capquest have added 'Charging Order Interest' of £176.97 to this CCJ. (This debt does not have a CO, it is a CCJ, so I am not sure if this can be added). Anyhow I digress, back to the current problem,

Have you checked with the Land Registry they haven't applied for an interim CO on this one? There always has to be a CCJ before they can obtain a CO. You say he pays his other CCJs at £10/month, how about the one with the CO you are referring to?

There is definitely an Interim CO in place for the above debt and he received a letter (28th Feb 2013) stating that Aplins were about to issue a Warrant of Execution against him. He did not respond. Today he received a letter dated 20th April stating "You have not made payment under this Judgement and we are applying to have you brought before your local court to be examined on Oath as to the reason for non-payment plus detailed information of your income, assets, outgoings and overall financial situation.
This will involve a court fee of £50 which will be added to the debt and will be payable by you.
If you fail to attend the Court Hearing a Committal Warrant could be issued for your arrest.
If you wish to avoid .......

My question is surely as they have an Interim CO their money is secure as this is a restriction on the property

Creditors expect payments to be made when they obtain judgment, regardless of whether the debt is secured or not. Securing the debt merely gives them priority over other creditors and makes their debt portfolio look more attractive, but a CO is no substitute for payments. If you never sell the property, they would never get their money, the property could be in negative equity, etc. He should have agreed a monthly repayment at the time of the judgment. Normally an income and expenditure form showing that's all he can afford would have been enough, some people have a CCJ with a CO and pay just £1/month, but this has to be agreed with the court.

and more importantly can they do this. (this was a purchased debt) He is not in a position to settle and would be willing to make nominal payments of £10 per month.

Any help you can give will be greatly appreciated.
Thanks in advance

The court has the right to investigate why no payments have been made. If he can show his circumstances only allow him to offer £10/month he should be fine. Although they are unlikely to succeed, a creditor with a CO can also apply to the court for an Order for Sale for the property if no payments are being made, so it's always wise to sort this out at the time of judgment.

[thedogateit]

Re: Help with Hillsden Securites

I know this is an old post - but out of interest - is there a limit on the time available to the creditor to apply for an order to sell the property, if no payments have been made and no correspondence has been acknowledged?

Would the court order a sale if there was not enough equity in the property to cover the debt?

[FlamingParrot]

Re: Help with Hillsden Securites

I know this is an old post - but out of interest - is there a limit on the time available to the creditor to apply for an order to sell the property, if no payments have been made and no correspondence has been acknowledged?

Would the court order a sale if there was not enough equity in the property to cover the debt?

Once they have a charge on your property, it will remain in place as long as it's not paid off either by the debtor or from the sale of the property, regardless of any payments or acknowledgment. In theory this means a creditor could apply for an order for sale, in reality they are hardly ever granted by the courts. A lot of factors have to be taken into account including the size of the debt, the circumstances of the owner (if there are children and other family members living in the property) as well as the amount of equity. Forcing the sale of a property where there is not enough equity to pay the debt would defeat the purpose of the sale even from the creditor's perspective.

Is there a reason you are asking these questions? You'd need to give us a bit more background to be able to reply more fully. :typing:

[nemesis45]

Re: Help with Hillsden Securites

I know this is an old post - but out of interest - is there a limit on the time available to the creditor to apply for an order to sell the property, if no payments have been made and no correspondence has been acknowledged?

Would the court order a sale if there was not enough equity in the property to cover the debt?

Quite simply No an order for sale is an absolutely last resort and courts to not make such orders easily.

If there are children in the family it's even more unlikely that this would happen this plus negative equity rules out any such action.

nem