Charging Order on an Unenforceable Debt?? Help/advice required.

[Never-In-Doubt]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

You would most likely receive a restriction instead of a charge, they are in theory the same thing but a restriction is for a joint debt on a sole mortgage, or a sole debt with a joint mortgage (ie other interested parties to the mortgage not liable for the debt in question) whereas a Charging a Order is for a joint debt on a sole mortgage or a sole debt on a sole mortgage (ie no other interested parties on the mortgage (ie partner))......

[snickers]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

Hi NID,

Is it true that a restriction is slightly better than a Charging Order?
The court papers state just my sole name for the case hearing, even though it's a joint council tax bill. The letter from the council says it's a court hearing to get a Charging Order made final. If it is definitely a Charging Order, is it worth making a written request to the Judge that it be switched to a 'restriction' seeing as it's a joint liability debt in two names (but it's only my name on the mortgage/property) and the other joint liable person takes responsibility for his share of the bill?

[Never-In-Doubt]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

We're having a huge discussion about that very issue - I'll try and link you BRB


Edit - http://forums.all-about-debt.co.uk/s...th-Restriction

if you cannot view that section you need to go to your user control panel and request legal section access but first you need to send me something with your name and address to verify you, ideally one of the letters you mention in this thread such as the claim form or the most recent letter you've received - (send to - webmaster@all-about-debt.co.uk). Upon sight of ID I'll authorise the mods to grant access so you can see and get involved in the discussion we've been having (very interesting).....

[ATW]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

Hi NID,

When I contacted the DCA about the Charging Order and their lack of CCA, they responded saying they'd be prepared to accept a reduced settlement sum of £1300 if I paid by the end of January 2014. I can't raise that amount of money in one month, so can't accept their offer sadly. Do you think it's worth getting a solicitor to send them a one-off letter with a settlement offer of £1300 payable by instalments in return for setting aside the Charging Order and halting interest? Or is it likely they just say no because they have 3K secured against my home and will only want lump sum of some kind?

You may as well make them a counter offer of what you can afford over the period that you can raise it. You never know they might go for it and in the long run it looks like it going to save you some money too. They might be willing to spread it over 3 or 4 months but if you want to sell you don't want to spread it to far as its better to have all sorted out before a sale so it doesn't hold things up.

[patchouli]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

Just sticking my nose in here as am curious... if She tells them she is selling wont they just reply with "Well get lost then as we stand to get the whole £3k when you do?"

or am I not understanding what a CO is?

(I'm learning so much on here!)

[Never-In-Doubt]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

That's what I presume will occur as well...... ie they'll say get lost because they have judgment secured for the whole debt. Point is, usually when you offer a F&F they might accept something, but certainly rare to see this occur with monthly instalments as there is no incentive.

Your grasp on this was spot on.

[PlanB]

Re: Charging Order on an Unenforceable Debt?? Help/advice required.

if She tells them she is selling wont they just reply with "Well get lost then as we stand to get the whole £3k when you do?"

But then again if she doesn't tell them she's selling her house they may be happy to take the money and run rather than wait 20 years for their moolah Most DCAs get paid commission on any money they recover and nothing when they don't so that's an incentive to do a deal. The only problem here is the OP has already contacted the solicitor about the charging order and may have let slip she's selling