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Worried sick about Charging Orders

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  • Worried sick about Charging Orders

    I am currently got two debts which I have been paying token payments to the DCA they have past them too. I have been doing this for a while.

    They havent gone up this route yet but I have been reading about charging orders and I am worried sick to death about it.

    Currently I am out of work claiming support group ESA as going through cancer treatment. This is enough to cope with without all this nonsense going through my head.

    I estimated that I defaulted in 2011 and I have not tried to bury my head in sand or run away from the debts owned. I am paying literally £5 a month to one creditor and £10 a month to another. Both are Credit Cards. One I took out in 1998 and other in 2010 but defaulted late 2011.

    There is positive equity in the house and I am getting help with my mortgage towards the mortgage payments.

    If they apply for a charging order on me would I loose my home? Would the court look at my income and my situation and agree a continuation of payments that I am making already to them? Or is it likely they would go for the house and demand full payment or a payment plan which I cant realistically afford. Given the rate I am paying back it will take many many many years to pay back but is all I have.


    So worried and scared.
    Tags: None

  • #2
    Re: Worried sick about Charging Orders

    Hi welcome to LB ... there are many here who can help you with this (even if they can only put your mind at rest ) I'm sure you will get lots of advice from the knowledgeable Beagles xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Worried sick about Charging Orders

      Hi Welcome.

      A Charging Order does not mean you will loose your home, it is a method of " securing " an unsecured debt so the credit gets paid from the proceeds of a sale at sometime in the future.
      It would depend on the level of the debt if a CO is a reasonable measure.
      I your situation I cannot see a court making an order for sale in any case.

      A creditor must issue a County Court Claim ( seems you are a long way from that) you are making payments of as much as you can reasonably afford.
      The very last thing a judge wants to do is deprive anyone of their home.
      Look after yourself I hope your treatment goes well, remember there is always more help here.

      nem

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      • #4
        Re: Worried sick about Charging Orders

        Just so worried now on being on the sick and limited money

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        • #5
          Re: Worried sick about Charging Orders

          Originally posted by alpharomeo View Post
          Just so worried now on being on the sick and limited money
          As said it seems to me you are a long way from any such action!

          nem

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