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Can creditors force a house sale to claim back their money

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  • Can creditors force a house sale to claim back their money

    Hi all, thanks for all the help you give.

    I have been on a DMP for 5 to 6 years now and want to go self managed and put my creditors on token payments until I have CCA's back (or not as the case may be). My only concern is that the creditors might choose to force me into selling my house to pay off the debts. All the debts were unsecured credit cards/personal loans/ catalogues etc.

    Can anyone advise if creditors can do this or whatever other action they might take please?

    Many thanks

  • #2
    Re: Can creditors force a house sale to claim back their money

    Creditors have to first get a ccj then a possession oder. That's if you don't offer a payment against the ccj. So your worrying over nothing imo. And if they can't satisfy your cca request then your covered by that also
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: Can creditors force a house sale to claim back their money

      is the property Jointly owned?
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Can creditors force a house sale to claim back their money

        Yes it's jointly owned with my husband... it's a joint DMP.

        - - - Updated - - -

        Thank you SXGuy, that's very helpful

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        • #5
          Re: Can creditors force a house sale to claim back their money

          How much is left on your DMP?

          Both the MBNA accounts are UE, however if you're in a dmp and paying then it all depends on what total debt there is etc before jumping into fighting the UE route because it may not be ideal for everyone.....

          I wouldn't do anything drastic until you know where you stand, ie if there's 20 debts then get a cca for them all and if they don't send one then that means it is UE until such time they do so be careful what you do, at this point follow our process and you'll be fine - however if say there is only a few pounds left on the DMP then i'd probably keep it paying - sadly this has been a waste over the last 6 years as all it's done is left you 6 years of trailing bad marks on your credit file - much easier to get defaulted early then everything is gone after 6 years so you can start afresh - even when still owing from the first time round, 6 years earlier

          So I would start a diary and let us know where you are at right now, before cessation of DMP and doing anything major. Also read the UE threads to learn how it works....
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          • #6
            Re: Can creditors force a house sale to claim back their money

            Originally posted by Never-In-Doubt View Post
            How much is left on your DMP?

            Both the MBNA accounts are UE, however if you're in a dmp and paying then it all depends on what total debt there is etc before jumping into fighting the UE route because it may not be ideal for everyone.....

            I wouldn't do anything drastic until you know where you stand, ie if there's 20 debts then get a cca for them all and if they don't send one then that means it is UE until such time they do so be careful what you do, at this point follow our process and you'll be fine - however if say there is only a few pounds left on the DMP then i'd probably keep it paying - sadly this has been a waste over the last 6 years as all it's done is left you 6 years of trailing bad marks on your credit file - much easier to get defaulted early then everything is gone after 6 years so you can start afresh - even when still owing from the first time round, 6 years earlier

            So I would start a diary and let us know where you are at right now, before cessation of DMP and doing anything major. Also read the UE threads to learn how it works....
            We have just under 70K debts.
            Most are defaulted and some have dropped off our credit files with others to drop off this year.
            One account with Arrow says satisfactory which I will query as I thought Arrow was a Debt collector as opposed to debt manager?
            We are currently on a DMP with Step Change but want to go self managed so that we can drop payments or cease altogether if accounts are UE.
            We have requested agreements on all accounts except for 2 overdrafts (i will get around to doing these but haven't got my head around that yet).
            We have had 2 agreements back from MBNA which are UE (as you know... thank you for that!!!).
            Still awaiting agreements on the others (from end of Feb).

            I think that's it! I will start a diary too but thought I'd answer your post first!

            'Edit': 'Never In Doubt' I've now entered a UE diary. It would be great if you could let me know if you think UE is the right way for me to go! Many thanks
            Last edited by unicorndeva; 17th May 2017, 21:20.

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            • #7
              Re: Can creditors force a house sale to claim back their money

              Originally posted by unicorndeva View Post
              Hi all, thanks for all the help you give.

              I have been on a DMP for 5 to 6 years now and want to go self managed and put my creditors on token payments until I have CCA's back (or not as the case may be). My only concern is that the creditors might choose to force me into selling my house to pay off the debts. All the debts were unsecured credit cards/personal loans/ catalogues etc.

              Can anyone advise if creditors can do this or whatever other action they might take please?

              Many thanks
              Evening
              Further to sxguy post, after a ccj they would then still need to get a Charging Order before considering any related sale of property. And even then, if there is an Instalment Order in place they can't consider enforcing any charging order (sale) if there is no default in the related Instalments Order. In other words, nothing to worry about on that now.
              Last edited by alfie; 6th June 2017, 16:12. Reason: typos

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              • #8
                First of all the creditor would have to get a CCJ against you.

                Then if the CCJ is for over 1k they could obtain an Interim Charging Order on the property.

                Then they would have to make an application to the court for a Final Charging Order and there would be a hearing where you can contest the application.

                Since you say your property is in joint names then any charge would be a 'Restriction' so an Order for Sale is not an option. Your other half can't be punished for your debts.

                So put this fear to the back of your mind

                Di
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