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  • #1

    charging order

    Hi Guys,

    Its been awhile since i last posted, mainly because ive been able to manage my debts via making monthly instalments. However one of these debts is from an old buisness that ceased to trade and was left with an overdraft that i couldnt pay back. This was around 3/4 years ago. I had set up a monthly instalment for the last 6 months but they no longer accept my new offer even after increasing it a bit. So they say they are going to seek a charging order on my property. As I have other creditors I dont see this as being very fair as ive been showing willing to pay this debt. Any suggestions on what to do?

    Thanks
    Tags: accounts, act, advice, andrew, ascent, automated, bank, business, cca, ccj, charges, charging order, charging order., charging orders, con, court, credit, creditors, date, dca, debt, debts, default, defence, email, fire, friday, full and final, help, housing, insolvency, law, legal, letter, letters, loan, mat, money, mortgage, mortgages, natwest, niddy, o/d, oft, order, overdraft, overdrafts, pay, payments, petition, restriction, sme, solicitor, threats, unfair, updates
  • #2
    Re: charging order

    Some background might be a help GC. For example how was the business setup, i.e. Limited company, sole trader, partnership etc? Did you ever sign up personal guarantees? Size of debt? OD or CC things like that would be of help to those with any knowledge to help. Charging orders can be fended off. For example it is usual for COs only to be granted following a default of a CCJ. However the law has been circumvented a number of times by the reptiles hoodwinking DJs.

    regards
    G

    Comment

    • #3
      Re: charging order

      yes sorry i had made a previous thread on this matter should have posted here

      http://forums.all-about-debt.co.uk/s...h-business-O-D

      Comment

      • #4
        Re: charging order

        If its a sole debt & a joint mortgage they cannot get a charge, just a restriction

        They also can't threaten a charge, as they first must obtain a CCJ. Do they have one against you?

        Josie - are you any good with guarantees etc...?
        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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        • #5
          Re: charging order

          Originally posted by globalcrossings View Post
          yes sorry i had made a previous thread on this matter should have posted here

          http://forums.all-about-debt.co.uk/s...h-business-O-D
          As that threads been quiet ive closed it and linked here. We'll try not to let this new thread fall into the wayside like before...
          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: charging order

            No they dont have a ccj yet, they are just at the making threats stage, but wont accept my proposal. My mortgage unfortunately is only in my name. i will send this back and see what gives " credtor refusal to accept pro rata payments "

            Unfortunately Paul never got back to me when i sent across the bank garantee but i mangaged to negotiate a monthly payment for 6 months which are now up!

            Comment

            • #7
              Re: charging order

              No no don't send anything yet.

              Ive asked Josie to look in. She's also a solicitor

              Bear with us for now
              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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              • #8
                Re: charging order

                ok thanks

                Comment

                • #9
                  Re: charging order

                  Originally posted by globalcrossings View Post
                  No they dont have a ccj yet, they are just at the making threats stage, but wont accept my proposal. My mortgage unfortunately is only in my name. i will send this back and see what gives " credtor refusal to accept pro rata payments "

                  Unfortunately Paul never got back to me when i sent across the bank garantee but i mangaged to negotiate a monthly payment for 6 months which are now up!
                  Sorry, things over the past 9 months have been pretty hectic, i dont even recall what this case was about, but if it was a guarantee then i probably would have passed it over to andrew as it isnt something i deal with too often

                  Comment

                  • #10
                    Re: charging order

                    Hello

                    The devil is in the detail in guarantees.

                    Please provide me with a copy of the guarantee and any letters from the bank you may have regarding this. I would also like to see the letters they have recently sent threatening a charging order etc.

                    If you can forward the documents to NID he can get them to me.
                    Legal Disclaimer
                    I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                    If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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                    • #11
                      Re: charging order

                      Thanks Jo

                      webmaster@all-about-debt.co.uk

                      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

                      Comment

                      • #12
                        Re: charging order

                        Is this a DCA threatening a charging order or the original creditor?
                        Remember the mantra:
                        NEVER communicate by 'phone.
                        Send EVERYTHING by Recorded/Special Delivery
                        Keep a copy of EVERYTHING sent
                        Keep hold of EVERYTHING received
                        PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                        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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                        • #13
                          Re: charging order

                          Originally posted by globalcrossings View Post
                          one of these debts is from an old buisness that ceased to trade and was left with an overdraft that i couldnt pay back. This was around 3/4 years ago.
                          Can you clarify the current status of your company which has "ceased to trade"? In your other thread you posted almost a year ago that the company was "pending being struck off again". It seems that you tried to get it struck off in 2010 but a creditor (Yell) objected and you never heard from them again after that.

                          Have I understood that correctly in post #3 here: http://forums.all-about-debt.co.uk/s...l=1#post234174

                          What, if anything, stopped it being struck off last year? If you don't submit your annual return or accounts then Companies House will helpfully strike it off for you without costing you a penny. Perhaps you've been advised by an accountant that this would be unwise? Would that guarantee die if/when the company is struck off?

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                          • #14
                            Re: charging order

                            Originally posted by planB View Post
                            Would that guarantee die if/when the company is struck off?
                            Apparently not http://www.bis.gov.uk/insolvency/Com...liquidation#12

                            Comment

                            • #15
                              Re: charging order

                              Accountant would likely have been right to advise against it. I cant speak for them personally, but i have a sneaky feeling you cant just strike a company off without massive implications if that company owes money.
                              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.

                              Comment

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