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vacs
Junior Member
234 Posts |
 Posted - 14 August 2008 : 08:15:10
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| Can sombody help what is the procedure of somebody putting a charge on your house, eg can they just do it or will you get a letter giving you warning etc. I am thinking of going B/R but wilst I am not sure and I havent made a full decision can my COMMERCIAL PROPERTY lANLORD put a charge on my house without me knowing first. will I be able to beat him to going B/R FIRST? |
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Ian Richards
Junior Member
United Kingdom
296 Posts |
Posted - 14 August 2008 : 08:54:41
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Hi Vacs
No he cant and yes you will be given notice. You will probably get a CCJ first which is often an indication that a charge is coming your way, however it is a bit of a long winded process as they also have to notify the Land Registry too. What makes you think that he is about to do this, and when was you considering going BR?
If you are in need of any further help or assistance, please contact me regarding my services via email. |
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John
New Member
United Kingdom
73 Posts |
Posted - 14 August 2008 : 08:55:01
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Hi
the creditor must firstly have successfully applied through the court for a CCJ to be made against you.
If a CCJ has been applied for it cannot be granted without your knowledge that the application has been made.
Once the CCJ has been granted the creditor may apply for a charging order. At the first hearing if the application is upheld an interim charging order will be issued and you will be notified by the court.
Once the interim charging order is in place a hearing date for the final charging order will be set and again you will be notified so that you may defend the claim.
At that hearing if the judge finds in favour of the creditor's claim the final charging order will be made and active from that time and date.
The process takes approx 3 months but less, of course, if the CCJ has already been granted.
If you successfully declare yourself BR before the date that the FINAL charging order is granted, the final charging order will not be granted by the judge and the debt will become part of your BR and written off.
If you know a charging order is being applied for, and you successfully petition for BR, you should notify the claimant for him to avoid any further costs.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Ian Richards
Junior Member
United Kingdom
296 Posts |
Posted - 14 August 2008 : 09:07:26
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That's the longer more in depth answer, well done John. lol
If you are in need of any further help or assistance, please contact me regarding my services via email. |
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Trolly-Dolly
Average Member
591 Posts |
Posted - 14 August 2008 : 10:26:12
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Sorry to hijack!
I got a letter from MBNA yesterday. No mention of a CCJ, just that they were going for a charging order! Scare mongering?
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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John
New Member
United Kingdom
73 Posts |
Posted - 14 August 2008 : 10:46:51
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Absolutely!
since the dress code post you made I've decided to attend on Tuesday!!! lol!
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Ian Richards
Junior Member
United Kingdom
296 Posts |
Posted - 14 August 2008 : 10:54:33
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Me too??
If you are in need of any further help or assistance, please contact me regarding my services via email. |
Edited by - Ian Richards on 14 August 2008 11:03:21 |
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John
New Member
United Kingdom
73 Posts |
Posted - 14 August 2008 : 11:02:54
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Hi Ian
Julian has arranged for a small number of forum members to meet up and discuss their experiences.
The invitation went out through the forum a while back now.
And I'm not going really....I'm not invited either!
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Ian Richards
Junior Member
United Kingdom
296 Posts |
Posted - 14 August 2008 : 11:04:40
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I'm going, and its a shame that you cant make it John as it would have been good to meet you.
If you are in need of any further help or assistance, please contact me regarding my services via email. |
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Trolly-Dolly
Average Member
591 Posts |
Posted - 14 August 2008 : 13:52:52
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Strange though, that after the MBNA threats of a charging order yesterday, I have just recieved a letter from them offering me a loan.
The mind boggles!
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 14 August 2008 : 19:16:34
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Hi DM
Funny you say about MBNA offering a loan, today i had a letter from LLoyds TSB saying that they would give me another 10 days before they will do anything about my account so that gives me time to get sorted out, the letter date 3rd Aug, rec 14th Aug, went br 4th of august. I called them and gave them my BR number on the 4th, and still get these daft letters, too many departments i think, no one knows what the others are doing, Again the mind boggles.
MBNA wrote to me to say that they would not be in contact again as they would now deal with my account through the appropriate channels as per the London Gazette information dated the 7th of Aug.
As for lloyds again i have not used the account for nearly 2 years and today i received a cheque book and a paying book.?????
Silly devils, i took those straight to my local branch and was told the account is still very much active.
Oh well
Take care
JO
"There is light at the end of the tunnel, if you cant find it, get a brighter torch!" |
Edited by - Needafriend on 14 August 2008 19:19:06 |
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charge put on house
