charging order

[torioc]

Re: charging order

Well what a horrible judge we had today! Every point my husband tried to make the judge interrupted and said, we aren't here to discuss that today it's between you and the ex. Was in there all of 5mins and left with a charge against the house

[Openlaw15]

Re: charging order

Well what a horrible judge we had today! Every point my husband tried to make the judge interrupted and said, we aren't here to discuss that today it's between you and the ex. Was in there all of 5mins and left with a charge against the house

I am so sorry to hear that the good news is that they're very unlikely to get an order for sale of the house. Did you say that this was abuse of process? Ie you had no time to put in witness statement to object because you never received notice, ie failure to serve. Did the claimant have a lawyer representing them?

[wales01man]

Re: charging order

Result not unexpected but no need for a Judge to act that way proves that this is nearly always a rubber stamping exercise.
Sorry for your bad luck but as Openlaw says and for once I think he is correct they will not force a sale

[Openlaw15]

Re: charging order

CPR 73 -

(1) An application for a charging order may be made without notice.


Service of interim order
73.5

(1) Copies of the interim charging order, the application notice and any documents filed in support of it must, not less than 21 days before the hearing, be served on the following persons –

(a) the judgment debtor;



Which means the app for an charging order does not need to be served on the debtor, and the court can make the interim order without notice, but they must serve the interim order etc on the debtor 21 days before the final charge hearing - which has been complied with.

I didn't realise Op was served the Interim Charge Order 21 days prior. Ok, so did they put a witness statement in at the time? It would seem there has been no witness statement.

[Amethyst]

Re: charging order

Yes they did.

Yes we responded to the court and the debt collection agency saying that we object to the order and our reasons for objecting. We sent these well in advance, more the 2 weeks ago. We haven't heard anything in return but imagine we just turn up at court tomorrow?

[MENTION=78986]torioc[/MENTION] -

Well what a horrible judge we had today! Every point my husband tried to make the judge interrupted and said, we aren't here to discuss that today it's between you and the ex. Was in there all of 5mins and left with a charge against the house

Sadly that does sound par for the course, sometimes Judges are nice though and do it with a bit more sensitivity than that ! But usually charging orders are made final.

What you need to do is get this paid off and get the house over to your name - your husband may be able to sue his ex for that money - but if she has nothing that is pointless. I'd be very wary of leaving it as it is in case anything else comes up from her financial issues.

I agree it feels completely unfair, but sadly she owns the property along with your husband and the creditor needs to secure the debt.

As the others have said a Sale Order would be extremley unlikely - however if you CAN get in touch with the claimants MIB and arrange to get this paid off by monthly installment if necessary to reduce any risk of them even applying for a sale order.

[Openlaw15]

Re: charging order

Yes they did.



@torioc -

Sadly that does sound par for the course, sometimes Judges are nice though and do it with a bit more sensitivity than that ! But usually charging orders are made final.

What you need to do is get this paid off and get the house over to your name - your husband may be able to sue his ex for that money - but if she has nothing that is pointless. I'd be very wary of leaving it as it is in case anything else comes up from her financial issues.

I agree it feels completely unfair, but sadly she owns the property along with your husband and the creditor needs to secure the debt.

As the others have said a Sale Order would be extremley unlikely - however if you CAN get in touch with the claimants MIB and arrange to get this paid off by monthly installment if necessary to reduce any risk of them even applying for a sale order.

op could have the final charge order set aside....perhaps this a possible route..not going to be easy though

[Amethyst]

Re: charging order

It is extremely unlikely and would likely attract costs, Now it has been set the debt needs to be paid in order to enable to transfer out of the ex's name - until that is done they are stuck I'm afraid.

[Openlaw15]

Re: charging order

It is extremely unlikely and would likely attract costs, Now it has been set the debt needs to be paid in order to enable to transfer out of the ex's name - until that is done they are stuck I'm afraid.

Well why have the law if that would be unlikely, wouldn't that be against Parliament statutory intent? It would attract costs yes...but so would be making a claim in the county court for anything else. The problem with this final charge is that it was finalised rather unfairly. The charge affected someone whose names the debt wasn't even in. This a problem and therefore there are grounds to have the final charge removed under Charging Order Act 1979.

[wales01man]

Re: charging order

Openlaw Its in place and leaves the OP with very little they can do its against the property that the debtor has a legal interest in no amount of moaning about rights and posting acres of law will change this

[torioc]

Re: charging order

What's done is done now, it's really not worth the amount of stress it's causing.

We have two options now, either remortgage the house to pay the £6000 debt (as our credit scores wouldn't allow for a loan) before our mortgage transfer offer expires. Or leave things as they are, save up a deposit ourselves and in 5 years sell this house and my husband and I get a mortgage together for a new house.

Really begrudge paying her debt, where is the deterrent for her driving without insurance!

[Openlaw15]

Re: charging order

Openlaw Its in place and leaves the OP with very little they can do its against the property that the debtor has a legal interest in no amount of moaning about rights and posting acres of law will change this

Charging Order Act 1979:

Section 3 (5) "The court by which a charging order was made may at any time, on the application of the debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order."

[Openlaw15]

Re: charging order

What's done is done now, it's really not worth the amount of stress it's causing.

We have two options now, either remortgage the house to pay the £6000 debt (as our credit scores wouldn't allow for a loan) before our mortgage transfer offer expires. Or leave things as they are, save up a deposit ourselves and in 5 years sell this house and my husband and I get a mortgage together for a new house.

Really begrudge paying her debt, where is the deterrent for her driving without insurance!

Sorry to hear, does the ex have the money to pay? Does she have a property, can you get a charge on her property if she is the owner?

[Amethyst]

Re: charging order

She doesn't own any other property, we believe she is working so will be asking if they can consider an attachment of earnings instead?

[MENTION=77627]Openlaw15[/MENTION]

[torioc]

Re: charging order

She has no assets, no other property (believe she's in a local authority flat) no car etc. She does work so we wondered if we could get a solicitor to draw up an agreement where she agrees to pay the £6000 back to us at x amount a month, but I imagine this wouldn't be worth much and we'd end up in a small claims court when she stopped paying.

[Openlaw15]

Re: charging order

She has no assets, no other property (believe she's in a local authority flat) no car etc. She does work so we wondered if we could get a solicitor to draw up an agreement where she agrees to pay the £6000 back to us at x amount a month, but I imagine this wouldn't be worth much and we'd end up in a small claims court when she stopped paying.

Have you definitely decided you will not attempt to have the charging order removed? You could ask a lawyer how much it would cost to have it removed or the prospects of having it removed. Then go for an earnings' order, ie wage garnering.