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rollercoaster
Junior Member
United Kingdom
327 Posts |
 Posted - 26 July 2011 : 19:47:27
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we had a letter that said the OR was had set a court date for tomorrow regarding a charging order on our property. I am wondering if this is a straight forward process that needs no intervention from us. we are happy to have the charge (rather than a forced sale) Do we just wait for the remainder of paperwork or do I have anything else to worry about???  (10 days until 3 yrs form bankruptcy) |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 26 July 2011 : 20:12:39
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what is the time frame for the OR to put a charging order on a property ?
i thought 3 yrs was limitation to conclude court procedures, yes in exceptional circumstances they can ask for an extension
Charging orders will only be pursued as a last resort due to the costs involved in making such an application to the court and maintaining the case throughout the ‘life’ of the charge.
rollercoster I dont know you personal story or history but do some research quickly as this next ten days may be V important.
them being unorganised does not constitute exceptional circumstances
Richard
Good Luck Richard,
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Edited by - Richard P on 26 July 2011 20:15:04 |
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debtinfo
forum expert
2826 Posts |
Posted - 26 July 2011 : 20:16:11
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no the 3 years limit is the deadline to start the court action which they have now done by making the application so the 3 years no longer matters.
Charging orders dont really cost that much as the there is no real arguing to be done as the OR's entitlement is laid down in law |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 27 July 2011 : 09:11:48
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| do I just wait for the official paperwork or should i be doing anything else? Next step is to save and pay off the charge, is that to the OR? |
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debtinfo
forum expert
2826 Posts |
Posted - 27 July 2011 : 09:32:58
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| If your not challenging it then you don't have to do anything, might be nice. to tell the court though so that it is done as quickly as possible |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 27 July 2011 : 20:29:20
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Hi Rollercoaster
As all the others have said, there is really no point going to court unless you intend to challenge the granting of the Order. If I were you, I would concentrate on ways of repaying the OR and getting the Charging Order removed as soon as possible. It is unlikely that the OR will enforce the Order but you do not want to risk that. Perhaps discuss with the OR whether he would accept a repayment plan or seek an Admin Order to repay the debt.
All the best.
John Blackadder
For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk. |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 28 July 2011 : 21:12:51
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| Thank you. The charging order is for just over £3k each. (We are saving hard to pay this off as a first priorty) didnt realise that they could 'enforce the order' does this mean that they could order the sale of the house? what is an 'admin order'? Would it be best to contact the OR once they have confirmed the granted order and discuss a payment plan? |
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debtinfo
forum expert
2826 Posts |
Posted - 28 July 2011 : 21:18:48
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| yes but as said, it is very unlikely that the OR would go for a sale (that is why they went for charging order in the first place, much cheaper and quicker) so you have nothing to worry about in the near future, but policies do change from time to time, so the quicker you can get it paid the better |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 29 July 2011 : 14:35:25
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Hi Rollercoaster
An Adminstration Order is an informal agreement that can be arranged through the Court or some other debt management house where you pay a debt which has become legal by instalments which you can afford. However I feel that maybe you should discuss things with the OR first.
All the best.
John bLackadder
Bankruptcy365
For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk. |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 08 August 2011 : 11:36:41
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A confusing (for us) update on our situation. This morning we received a letter from the court saying "upon no attendance of either party; it is ordered that the matter for a final charging order be adjourned to 24th August 2011 at 14;00hrs"
Does this mean that we should have attended?? I thought this was nearly over and now my stress levels have goneback into overdrive!
Any advice would be greatly appreciated. |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 08 August 2011 : 18:33:36
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Hi again
No it does not mean that you should have attended. The Official Receiver or a member of his staff or his solictor should have been there. They weren't therefore another Hearing date has been made. Same rules as in earlier messages still apply.
Hope this helps.
John Blackadder
Bankruptcy365
For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk. |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 08 August 2011 : 22:16:57
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Thank you very much Blackie for putting my mind at rest. x
This forum has been amazing through the most difficult of times! |
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debtinfo
forum expert
2826 Posts |
Posted - 08 August 2011 : 22:49:46
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| it is a bit strange that the OR never turned up but the above stands |
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charging order
