How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

About 5 years ago i owed mbna 10,000 on a credit card. I lost

Resolved Question:

About 5 years ago i owed mbna 10,000 on a credit card.
I lost my job in the construction industry and have not found continual work since. I did not pay them.
The debt was sold and brought by Active Kapital who now say i owe them about 12,500 and took me to court.
I could not attend as i was ill after having a brain hemorrhage in January and was in recovery.The DVLA suspended my driving licence so i was unable to do my job.
For 6 months ive been on benefits and have struggled financially.
I agreed to pay £5 a month to them of which the 1st payment is due.
But now they are taking me back to court to put a charge on my home is there any way to stop this as any equity on this would be for our retirement as way dont really have any proper plans when we retire.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

So Active Kapital have got a judgement against you. When you say you agreed to pay £5,00 a month was that accepted as acceptable by Active Kapital?

Customer:

Yes

Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

How much equity is in your property at present?

Have you received an interim charging order with a datr to go back to court?
Customer: replied 3 years ago.

Hi Alex there is about £50000 equity.court date mon 11 aug.

Expert:  Alice H replied 3 years ago.
OK.

You can oppose a charging order by asking the court to look at your circumstances and whether it is just to make an order. They will look at:

-Whether or not a member of your family has a disability or is seriously ill

-If the charging order will favour one creditor over all of the others that you have payment arrangements in place with e.g. other bank loans, credit cards etc

-Whether or not the creditor requesting the charging order lists all of the other creditors they know of in the charging order

-If other creditors have been notified of the interim charging order. This is something you can use in your objections if you think the creditor charging you is ‘unduly prejudiced’

-Whether or not the creditor could have given you an unsecured loan when you took it out - the point being that if the loan was not secured to start with then it should not be charged against your house now.

-Other options of paying off the debt that the court could enforce.

-If your family would be forced to endure undue hardship from the charging order

-Your debt is small compared to the equity in your home

-If your wife/partner or other person has an interest in the property and will lose out as a result.

The interim charging order and the papers sent by the court will set out exactly how you should respond to the order.

Normally the procedure is that you make a witness statement setting out why you oppose the order bearing in mind the factors mentioned above.

You then send the witness statement to the court and other party and attend for the main hearing when the Judge will make an order.

Also if they've agreed to accept £5 per month from you it seems a little unfair to apply for a charging order when you have agreed to make payments.

Hope this assists.

Alex
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you

Related Law Questions