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  • #1

    Potential Charging Order

    Hi all,

    my wife and I are about to get a large invoice (£30k ish) for dilapidation charges on a shop we used to lease from a very aggressive landlord. We will fight it but after taking advice, realise that we haven't got much chance.

    We currently have about £40k on cards and overdrafts, are self employed with a lowish income + tax and child credits.

    Home owners with a £150k mortgage on a £220k (max) house.

    3 kids including a pregnant 16 year old (yeah, how's our luck this year?)

    We have been servicing our credit card debts by paying the minimum and have never been late or missed a payment on anything at all.

    When this invoice comes in we will not be able to pay and will no doubt end up with a ccj.

    I understand that a change in the law will now enable them to instantly put a charge on the house at that point.

    So, what can we do. Any help or advice is gratefully appreciated.

    Thanks in advance.
    Tags: abi, advice, bill, cards, ccj, charges, charging order, charging order., child, claim, court, credit card, creditor, credits, deadline, debt, debts, dmp, fund, help, income, interim, iva, joint names, law, lease, letter, monthly, mortgage, order, overdrafts, payments, pension, repayment, restriction, tax, wife
  • #2
    Re: Potential Charging Order

    is the mortgage in joint names, the debt in a sole name?


    If so then no charge, it'll be a restriction
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    • #3
      Re: Potential Charging Order

      sadly, both the mortgage and the debt are in joint names

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      • #4
        Re: Potential Charging Order

        Well the process means they'd first have to go to court to get a CCJ then if they get that they'd apply for a interim charging order and if they got then they'd then have to go back for a final charge prior to ever being allowed to try and enforce a sale (very rare).

        So it's not as simple as you think, but you need to explain more about the debt/landlord/shop if you want help.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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        • #5
          Re: Potential Charging Order

          Hi

          You might wonder why you got an new password etc - that is because we had to manually add you to the system as we upgraded through the night and you joined slightly too late.

          All sorted now mind you - read this --> http://forums.all-about-debt.co.uk/s...been-Upgraded!
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Potential Charging Order

            It's the charging order itself that worries me. We will soon have a newborn in the house so I'm sure a judge would be reluctant to allow an order for sale for a few years yet.Ok, I'll explain as much as possible and you'll have to let me know what else you need.The shop was taken on a full repairing and insuring lease for 15 years about 7 years ago. When the economy nosedived we realised we needed an out but the break clause was still 3 years away. Eventually the landlord who is 30% one chap and 70% his pension fund agreed to 3 months notice.As part of our lease we had to reinstate the property which is fair enough as we had put up some partition walls and the laminate flooring needed replacing.We started the work and realised that we were going to have trouble getting it all finished before the deadline so asked for an extension. This was refused and a letter arrived 2 days before move out listing how they wanted all the jobs done ie we had fitted a couple of new light fittings so they wanted the whole plasterboard ceiling replaced instead of the holes filled; we fitted carpet on the stairs so they wanted it removed and the holes where the tacks had been made good by a carpenter; we had changed the taps for nicer ones so they wanted the whole plumbing system certified by a plumber and so he list went on and on.We realised from the tone of the list that whatever work we did they would say it was not up to standard and demand to do it themselves so we stopped repairs at that point.They have had a dilapidation report done by a surveyor and the estimate is around £30k so we expect the bill to arrive soon.We took advice in the basics of the forthcoming report and were told that we could appoint our own surveyor to prepare a dilapidation report of our own and get him to argue the figures with theirs but this may end up costing as much as it saves. Basically the lease we signed leaves us open to be charged whatever they can get away with so I think the debt is unavoidable - it's just how to stop them getting a charging order on the house.I believe that we can enter an iva before the charging order but as this debt will be a large chunk of my overall debt I feel that they would just say they don't accept it so I am back to square one.

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            • #7
              Re: Potential Charging Order

              Was the lease in joint names?

              Comment

              • #8
                Re: Potential Charging Order

                yes

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                • #9
                  Re: Potential Charging Order

                  Sorry to seem impatient but the landlord is due back in the UK on Thursday and I am sure that things will start to move quickly from then. Is there anything that can be done to avoid a charging order (on or off the record)?Thanks

                  Comment

                  • #10
                    Re: Potential Charging Order

                    the whole thing isn't a done deal, it's not the landlord that can place a charging order, it's a court and he would have to go through quite a few hoops before it got to that stage,

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                    • #11
                      Re: Potential Charging Order

                      I agree, I think you are jumping the gun abit, yes its true that the ability to obtain a charging order has been relaxed some what, that's not to say it is going to happen. Firstly, you have the chance to agree a repayment, before he even makes a claim. If he doesn't agree to that, and does go down the CCJ route, then again, you have the chance to agree a repayment with the court, which you can afford. Theres no reason at this stage to suggest he would get a charging order.
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                      • #12
                        Re: Potential Charging Order

                        I'm not so sure that it's so difficult for the landlord to go for a charging order. I had a creditor take me to court even though they were getting payments via a formal DMP of about half the monthly amount they would have been getting under the original agreement. Immediately on getting a Forthwith judgment, and without notifying me, they applied for and got an Interim Charging Order. This was in July 2011, which I think was before the relaxation in the CO process.

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                        • #13
                          Re: Potential Charging Order

                          Originally posted by deeplydebty View Post
                          Sorry to seem impatient but the landlord is due back in the UK on Thursday and I am sure that things will start to move quickly from then. Is there anything that can be done to avoid a charging order (on or off the record)?Thanks
                          Does he first have a CCJ against you? If not then he aint getting no charge - put it that way! You cannot secure nothing!
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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