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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have several charging orders on my property. One of the creditors

Resolved Question:

I have several charging orders on my property. One of the creditors wants to sell the property. Although the charging order is in place and has been for several years, it is an error, as i didn't attend the court hearing, the creditor got awarded a higher figure... This is probably too late to fight?
Anyways the property is worth £220k valuation. next door sold for £185k 6 months ago... I have £202k outstanding mortgage, and a £6k charge before this creditor. She wants £39k by selling property. Have given them an offer of 8k, they said no 15k..
Is there a way of me doing a bankruptcy or IVA or something to stop sale of property, or applying to court to have this stopped and looked at again, or can i sue them for them being awarded to much money?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much is owing to the creditor?
Customer: replied 2 years ago.

Hi she is owed £39k. I have several CCJs amounting to around £98k... I have literally just applied for variations on them all offering £5 a month as i am currently not working due to injury and getting disability... The courts are replying favourably, haven't heard on this cci though.

This £39k one is 2nd down on charging orders, behind a £6k one. Her solicitor is also dealing with another creditor with a charge for £23k, this creditor has gone into liquidation. I have offered them £1000 to settle.

The other chugs with charges amount to around £10k, but they are willing to take settlements, favourable to me.

My position is, if i can settle all these charging orders for less than £15k, then it is financially worth me keeping the property. If they all agree settlements together... But this particular creditor has got the court date next month wants to sell... Im trying to explain to solicitor that its really not worth there while...

I ideally want to keep the property, ideally settle all charges for low amounts, but need time... Don't know if applying to court to delay, or bankruptcy or iva or some other means, will buy me time, or at least have that cci looked at again?

Expert:  Ash replied 2 years ago.
Is there a instalment order on the charge please?
Customer: replied 2 years ago.

Hi there is no installment order on any of them...

I did a private deal with this creditor 5 years ago, that id pay them £13k in total. £5k in cash which i did, then pay them, £8k before i sold the property... They admit I've given them £5k, but are adamant they want another £15k.

Expert:  Ash replied 2 years ago.
Do you have it in writing?
Customer: replied 2 years ago.

Unfortunately not, to tell the truth, when that business went bust and i was injured i paid no attention to paperwork and let things slip... I did at the time have emails confirming the deal. but not anymore. They are kind of admitting the deal, verbally, but wanting more money now.

Expert:  Ash replied 2 years ago.
Ok. What you need to do is apply to the Court for payment by instalement and any enforcement action will be suspended on that.
But they can ONLY charge you the actual charge which was granted at the TIME of the Judgment/charging order. They can't just say, oh by the way another £5k is owing.
So apply to the court to pay the charge by instalments and your home would be safe.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

Ok so if i fill in form N245, for variation of order, and offer the £5 per month. This should be fine? Or is it another form?

Thanks for your help

Expert:  Ash replied 2 years ago.
That should be fine - yes.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex