Threshold introduced for charging orders

[pooky2483]

Re: Threshold introduced for charging orders

I can't wait for all the DCA's to start sending out the letters for CO's, they’re going to be sending out literally thousands lol, good job we don’t own our place... we’ve got 2 debts over £1000 Seems the Gov't want to make EVERYBODY homeless.
Niddy, why not try http://www.change.org/en-GB - it's the one that is in the news as someone created an epetition to get IDS to live off £53 per week for at least a year, it got over 460,000 signatures.

[pompeyfaith]

Re: Threshold introduced for charging orders

Very good niddy and lets not forget that the LASPO 2012 ACT that was implemented on the 1st April may also have an impact too

[Never-In-Doubt]

Re: Threshold introduced for charging orders

Is this an AAD tweeting opportunity

Nooooo - you're never on twitter?

Very impressive

Yea when they authorise the petition I'll tweet it and spam everywhere

[PlanB]

Re: Threshold introduced for charging orders

Paul once told me that the main motivation for debt purchasers to get a charging order is to increase the visible financial *security* on their books to enable them to raise more funds to buy more debts.

I'd like to play my part to stop this vicious circle

[pompeyfaith]

Re: Threshold introduced for charging orders

Loss of home

33(1)Civil legal services provided to an individual in relation to—
(a)court orders for sale or possession of the individual’s home, or
(b)the eviction from the individual’s home of the individual or others.
(2)Civil legal services provided to an individual in relation to a bankruptcy order against the individual under Part 9 of the Insolvency Act 1986 where—
(a)the individual’s estate includes the individual’s home, and
(b)the petition for the bankruptcy order is or was presented by a person other than the individual,including services provided in relation to a statutory demand under that Part of that Act.
General exclusions

(3)Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part.
(4)But the exclusions described in sub-paragraph (3) are subject to the exceptions in sub-paragraphs (5) and (6).
(5)The services described in sub-paragraph (1) include services provided in relation to proceedings on an application under the Trusts of Land and Appointment of Trustees Act 1996 to which section 335A of the Insolvency Act 1986 applies (application by trustee of bankrupt’s estate).
(6)The services described in sub-paragraph (1) include services described in any of paragraphs 3 to 6 or 8 of Part 2 of this Schedule to the extent that they are—
(a)services provided to an individual in relation to a counterclaim in proceedings for a court order for sale or possession of the individual’s home, or
(b)services provided to an individual in relation to the unlawful eviction from the individual’s home of the individual or others.
(7)Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this Schedule.
Specific exclusion

(8)The services described in sub-paragraph (1) do not include services provided in relation to—
(a)proceedings under the Matrimonial Causes Act 1973;
(b)proceedings under Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings and property and financial arrangements).
Definitions

(9)In this paragraph “home”, in relation to an individual, means the house, caravan, houseboat or other vehicle or structure that is the individual’s only or main residence, subject to sub-paragraph (10).
(10)References in this paragraph to an individual’s home do not include a vehicle or structure occupied by the individual if—
(a)there are no grounds on which it can be argued that the individual is occupying the vehicle or structure otherwise than as a trespasser, and
(b)there are no grounds on which it can be argued that the individual’s occupation of the vehicle or structure began otherwise than as a trespasser.
(11)In sub-paragraphs (9) and (10), the references to a caravan, houseboat or other vehicle include the land on which it is located or to which it is moored.
(12)For the purposes of sub-paragraph (10) individuals occupying, or beginning occupation, of a vehicle or structure as a trespasser include individuals who do so by virtue of—
(a)title derived from a trespasser, or
(b)a licence or consent given by a trespasser or a person deriving title from a trespasser.
(13)For the purposes of sub-paragraph (10) an individual who is occupying a vehicle or structure as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the vehicle or structure.
Homelessness

34(1)Civil legal services provided to an individual who is homeless, or threatened with homelessness, in relation to the provision of accommodation and assistance for the individual under—
(a)Part 6 of the Housing Act 1996 (allocation of housing accommodation);
(b)Part 7 of that Act (homelessness).
Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Definitions

(3)In this paragraph “homeless” and “threatened with homelessness” have the same meaning as in section 175 of the Housing Act 1996.

Legal Aid, Sentencing and Punishment of Offenders Act 2012

[pompeyfaith]

Re: Threshold introduced for charging orders

Indeed they have us under a barrel

[Miss Muddled]

Re: Threshold introduced for charging orders

Once the inhibition has been discharged, this will be registered in the Register of Inhibitions and Adjudications (ROI).

See here --> Inhibitions - Shelter Scotland

Cheers once again Niddy, this Inhibition Order slipped by us when my dad passed away....never knew how it worked, but we only have another 5 payments to pay.

We are behind you all the way with petition..if anybody can make them turn back, its you.

[julian]

Re: Threshold introduced for charging orders

What a fine eulogy to Maggie and her loadsa money policies!

That must be why the current lot are trying to increase the sale of council houses so that they can privatise them by imposing COs. I expect Wonga will be first in the queue for the courts.

Just looked at the Ministers credentials -

Helen Grant is a British solicitor and Conservative Party politician. She is the current Member of Parliament for Maidstone and The Weald in Kent.

As a solicitor she should know all about the process. Probably assisting the big bankers to avoid their legal issues and is scouting for work to keep fellow solicitors in the courts assisting DCAs.

[ken100464]

Re: Threshold introduced for charging orders

Interesting snippet from the Budget Analysis in Credit Today.

Quoted word for word.

" The Chancellor revealed in his budget that HM Revenue & Customs (HMRC) will increase the use of charging orders to collect unpaid tax. The controversial enforcement method was one of several measures in George Osbournes rather muted Budget aimed at tackling tax avoidance and evasion.

The anouncement will make it harder for the government to make demands on other creditors to show forebearance."

No interest from the government because the government wants to use them for other purposes. Always a reason when they do something.

[julian]

Re: Threshold introduced for charging orders

I suppose that as they have privatised so much of the Civil Service, someone (probably a contractor) with half a brain in Whitehall has not thought it through.

There is no reason not to make a difference between HMG's ability/methods to collect and that of the general public, even though the same companies may be involved.

Hopefully Niddy's petition will justify a change. Thanks Niddy.

[Never-In-Doubt]

Re: Threshold introduced for charging orders

Our formal e-Petition can be found here --> Change Charging Order Bankruptcy Thresholds - e-petitions

[SaltnVinegar]

Re: Threshold introduced for charging orders

Our formal e-Petition can be found here --> Change Charging Order Bankruptcy Thresholds - e-petitions

Signed

[fredbare]

Re: Threshold introduced for charging orders

signed, good luck with this

[pompeyfaith]

Re: Threshold introduced for charging orders

Signed and will now share everywhere I can think off as 100,000 will be an uphill struggle so we also need to put heads together in how to promote this.

How much does it cost to promote this on facebook?

[Deepie]

Re: Threshold introduced for charging orders

Done......