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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice
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I give a charging order over my property when a loan that I

Customer Question

I give a charging order over my property when a loan that I had guaranteed on behalf of a co was not paid. I was advised that this would prevent any action being taken and that it was an indication of my intent to repay when possible. This loan was with a government department that has now closed and the debt has been purchased by a private individual,w ho works within a LLP. We agreed that I would repay £500 per month until Feb 2016 at which time it would be reviewed. He has sent several texts saying that he is going to make me bankrupt and sell the house. He is now asking for a lump sum repayment in addition of £5000 or he will apply to the court to sell the house. His texts are agressive and I am very worried and depressed as a result. I have offered to cash in my pension in July when I can access this. I have said that I am takeing legal advise but he says that it will do my no good. Can you help?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you paying the £500 a month?
Customer: replied 1 year ago.
Yes I send him a cheque each month and He has just had the payment for January. I was late in September when my father died and I forgot.
Expert:  Jo C. replied 1 year ago.
Have you paid for that month now?
How late were you?
Customer: replied 1 year ago.
Yes about 3 weeks but I made hte payment up and made the following months payment early as an effort to show that I was not being as he said unhelpful. He is also saying that he will sell the house and make me bankrupt. His texts are very agressive. The CAB have advised me a go to the police.
Expert:  Jo C. replied 1 year ago.
Take no notice of the CAB. They live in a world of their own.
I presume that you do have a variation order from the court to allow you to pay £500 ?
This isn't just a private agreement?
Customer: replied 1 year ago.
No. The debt was bought by this person and he said that the court would just agree to the sale of the house and the bankruptcy order. He has never provided me with any thing in writing, only what I receive on text. I know that you will think that I am stupid but the stress is stopping me from thinking straight.
Expert:  Jo C. replied 1 year ago.
Ok.
CAB talk nonsense.
Is there a CCJ against you?
Customer: replied 1 year ago.
For this debt no.
Expert:  Jo C. replied 1 year ago.
Ok.
He doesn't have a charging order.
He may have a legal charge over your house. It depends whether that has been properly done.
However, he can still try to enforce that. He will need a court order though. It is very difficult to get an order for sale. If the agreement is substantially being maintained then it is not going to happen unless you are paying a sum that would never clear the debt. With this payment history it is unlikely.
He could try to make you bankrupt. It is not likely to achieve anything unless you have equity in the house. There is no point in seeking bankruptcy unless you can repay the debt.
I wouldn't worry too much about this. Just keep paying as much as you can and regularly. He is not going to get an order for sale on that basis.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
The charging order was given to the previous owner of the debt. He has said that this transferred to him. The original order was done by a solicitor. He has asked for £5000 now and my pension fund in July. He has just sent a text saying that he want the lump sum so that he does not have the stress of chasing me for the monthly payment. I send the payment each month by cheque and recorded delivery to ensure I know he has received the payment. There has only been one time that the payment was late. The £5000 is 10 months payments and what is to stop him bullying me for more next week.
Expert:  Jo C. replied 1 year ago.
It is possible that the debt has been assigned to him.
But he can't just randomly vary the terms unless you are in breach.
He probably will keep sending you messages. Unless he can act on the threats it is a non issue.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
please can you advise me what to say to him regarding the lump sum and can he act on these threats
Customer: replied 1 year ago.
Are you now phoning me?
Expert:  Jo C. replied 1 year ago.
Yes, ready now.
Can you give me a phone number?
Customer: replied 1 year ago.
07801 570847
Expert:  Jo C. replied 1 year ago.
Just trying.

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