Property charging order queries.

[PlanB]

Re: Property charging order queries.

Niddy is right. Debts won't kill you. Hanging onto things is more likely to kill you. It's all about adjusting to suit your circumstances and accepting things as they are.

Amen to all that !

I'm into yoga to sort the mind body soul thing but I'm not sure you boys are ready for that approach yet

[mike'y]

Re: Property charging order queries.

I practice yoga to and have been training at tai chi chuan for about 15 years. Sometimes a bit of yin can be a good thing. It's nice to find the right balance in life and worrying about debts is destructive.

[mike'y]

Re: Property charging order queries.

We can still look at all the other issues you've raised about interest being charged and so on. Dig out the CCJ and see what it says about that.

I

Thanks.

It just says judgement in favour of the claimant plus interest, costs and expenses payable on or before ** august 2012. I believe it's a forthwith order. It doesn't stipulate the rate of interest but I assume that's 8%?

I'm still trying to figure out whether to try and settle this or let it ride for a few years. Hmm.

[mike'y]

Re: Property charging order queries.

Can I resurrect this thread?

I've heard nothing from the creditor and nothing relating to the charge. I'd half expected to be under pressure to sell the house. Could there be a reason why a CT wouldn't enforce the CO?

I do have an offer lined up for the creditor but wonder why he's not been proactive. Thanks.

[PlanB]

Re: Property charging order queries.

Can I resurrect this thread?

Yes you may


I've looked back and can see in post # 5 that you said you weren't aware of the application for a Final Charging Order (or the Hearing date I presume). That could open the door to get the CO set aside depending on the reason why you never received it.

However if you've not paid a penny since the CCJ in 2012 you'd have difficulty persuading the court that if the CO were to be set aside the Claimant wouldn't be successful in getting a new CO because you've not paid them, especially since you say it was a 'forthwith' Order. The court may decide it's a waste of time and money to set aside an Order which can be made anew only weeks later.

I wasn't informed of the interim CO hearing ( I think that’s normal) or the final CO hearing.

‘It says ‘payable on or before ** August 2012’. Presumably forthwith.

Having a CO doesn't prevent a Claimant from seeking other methods of enforcement as well, such as an Attachment of Earnings (not possible if you're self-employed).

So maybe you should keep your head down or make them an offer if you prefer. They're unlikely to have forgotten about it but once you bring it to their attention (with an offer) they may decide to play hardball especially if they suspect you may have a motive for settling (such as selling the property).

I agree that 8% interest is monstrous but if your property is increasing in value over the years then it's possible that your home is 'earning' you more then you are being charged in interest on the CCJ (if it's not a huge amount).

I'm just trying to sweeten the bitter pill.

Di

[mike'y]

Re: Property charging order queries.

I agree Di. I'm not going to try to have it overturned as the CO was more or less what I wanted. It was the least of all the evils ;-) Maybe the creditor wants to wait 6 years and then try to collect his debt plus interest. It's strange that nothing has happened. I feel as I'm protected somehow. I work from home, self employed etc. I actually build engines in my workshop as well as an office attached to the rear of the house. I have a very tasty engine that I'm prepared to offer him and it's worth most of the debt, otherwise I'll sell it and make him an offer. It's not something I'll miss but I'd rather hand over an engine then cash, ha ha.

It could be eons before I move and by then the debt will be relatively tiny compared to my house value. this was my Plan B :-)

[mike'y]

Good Morning everybody, it's nice to see familiar faces still working here. After many years of peaceful ignorance this matter has become active. Would it be alright for me to update the thread and seek advice please? Thanks.

[Night Monkey]

I don't see any reason that you shouldn't update here, it would save you starting again. A brief summary entry might be worthwhile though, it might even refresh events in your mind

[mike'y]

^ Ok thanks. The creditor has popped up to request a directions hearing with a view to requesting an order for sale. He says his health isn't good. I wasn't told of the hearing beforehand.

I'll have to send the Acknowledgement of Service back and am wondering what my defence might be.

The debt has accrued interest and is something like £22k give or take.

I've made a couple of proposals to the creditor over the years which were rejected. In april 2014 I did tell him I intended to settle when my house was sold. He has rejected part payment offers. Had he accepted a partial payment the interest accrued would have been less.

I'm wondering about my options.

I can try to raise a cash lump towards the original CCJ and request time to settle the interest?

My mortgage is paid off and there is only one other charge on the property, maybe £3k so I have plenty of equity. I've been paying that creditor £40 a month since 2015.

I bought this house because it has a workshop that is business rated. It means I can work from home without renting a place. I've started wondering about equity release but haven't had time to look into it. Thanks.

[The Tech Clerk]

Colin G Quinn have you any ideas how to proceed?

[The Tech Clerk]

Joanna Connolly Solicitors

[mike'y]

I've not had a reply to my message so they may not have seen it. I'll give them a call today on the good old dog and bone. :-)

[The Tech Clerk]

I've not had a reply to my message so they may not have seen it. I'll give them a call today on the good old dog and bone. :-)

Did you get to speak to them?

[mike'y]

Yes thanks. I spoke with Gerry yesterday who was very helpful. I've spoken with him before albeit eons ago and today I'm hoping Joanna will call me :-)