Views on UE when a homeowner

[jet set willy]

Hi all, just thought i would get peoples opinions on being a home owner (ie: mortgaged) whilst on the UE route.

Has anyone experience here of this? Do the dca's come after you harder knowing they could go for a charging order even without an agreement. ( I know that they need an agreement to get to court but i presume they hope you dont defend more often than not).

Just curious to learn more about their tactics from peoples personal experiences . Cheers.

[swanfan]

Re: Views on UE when a homeowner

Hi all, just thought i would get peoples opinions on being a home owner (ie: mortgaged) whilst on the UE route.

Has anyone experience here of this? Do the dca's come after you harder knowing they could go for a charging order even without an agreement. ( I know that they need an agreement to get to court but i presume they hope you dont defend more often than not).

Just curious to learn more about their tactics from peoples personal experiences . Cheers.

You would need to decide for yourself whether this is the route to take. Comparing other people's situation may not necessarily work. Have at Niddy's reply to a similar question here--> #82

[helmsman]

Re: Views on UE when a homeowner

hi jet set willy,
Being a homeowner hasnt stopped us from going down UE route, we sometimes get dcas sending letters saying as a home owner we can get charging orders and other things against us ect. We have a ccj and they tried to get a charging order as well, the judge refused this saying as long as we pay what had been set they would not get a C/O and that was at a re determination hearing. Also if the debt isnt a joint debt and the house is in joint names it is only a restriction in England anyway. See google (Charging Orders The Myth) makes interesting reading. Hope this may help.
Good Luck
Helmsman

[jet set willy]

Re: Views on UE when a homeowner

Hi Swan, thanks for replying.

I think i worded it wrongly. I guess i arent looking to compare because i agree everyone is treated differently but i figure they must surely see it as an extra form of attack. More looking for peoples storiesi think , from those a bigger picture can be seen.

I feel its the right route for me as i can no longer afford to keep paying their extortionate interest so its not an option for me. I kind of agree with with what niddy said in that post that if push came to shove and court came about and my chances were looking slim then i caould always come to payment terms anyway, and hope fully at reduced interest rate compared to the evil amount i am on now lol.

[jet set willy]

Re: Views on UE when a homeowner

hi jet set willy,
Being a homeowner hasnt stopped us from going down UE route, we sometimes get dcas sending letters saying as a home owner we can get charging orders and other things against us ect. We have a ccj and they tried to get a charging order as well, the judge refused this saying as long as we pay what had been set they would not get a C/O and that was at a re determination hearing. Also if the debt isnt a joint debt and the house is in joint names it is only a restriction in England anyway. See google (Charging Orders The Myth) makes interesting reading. Hope this may help.
Good Luck
Helmsman

Hi Helmsman, thanks for your input
Believe me i have read and read and read all i can about CO's. I have a wife whose name is on the mortgage and two young kids as well as next to no equity (probably negative lol). Plus we have no intention of ever moving so all this goes in our favour.
Your story is great and it sounds like the judge had his common sense head on. I take the positives out of my impending default and they are potential f&f or payment at a rate i can afford with a better interest rate.

[jen_br]

Re: Views on UE when a homeowner

Wether you own a house or pink shoes a DCA will use it against you. They threaten with a lot of things its about having your head on and knowing the law.

If the debt is soley in your name-- and the house is in your gf name I believe your safe.

[Never-In-Doubt]

Re: Views on UE when a homeowner

Hiya

It won't matter in the slightest if you own your home, yea this does mean that they *could* try and get a CCJ (and subsequent Charging Order) but that matters little unless you come to sell in which case they'd get their cut, but by then you can easily have worked something out, or let them take it from any equity - a CO does not force you to sell up contrary to some false claims made by lenders and their dogs (DCA's)....

If in doubt, fire a reply and we'll try and resolve for you!