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acm
Junior Member
United Kingdom
274 Posts |
 Posted - 30 October 2008 : 08:56:35
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| Hi, can someone advise please. My ex phoned me yesterday to tell me she had a letter from Amex putting some type of order against the house. I do not have the letter nor have I seen it. The Amex debt is from approx 8 years ago and is for £10K and is only in my name. This debt is one of several being managed by spencer hayes for me and I have not lived at my old address for nearly 6 years. However, they appear to be trying to go round the back door to get their money. As this debt is unsecured and in my name, can they legally put this so called "order" against my old house? I always thought unsecured loans could not force a sale of a house even more so when my ex is not named. Thank you. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 30 October 2008 : 09:05:32
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Hi
If you are still on the mortgage of the old house then they are able to pursue you part of the equity with a charging order.
the letter from Amex may well be just that " a letter" confirming that they want to pursue a charging order.
To get a charging order they need to pursue a CCJ, then an interim charging order hearing then a final charging order hearing .
so unless you have a CCJ ( blue & white court form) it may just be a letter at his point.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 30 October 2008 : 09:55:48
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Hello Paul
Thank you for your advice. I personally do not have a ccj against me from this company (correct me if I am wrong, but you do have to go to a court hearing to get a ccj against you do you not?) Any way, I have not had to fill in any income and expenditure forms for any court and so assume I do not have a ccj. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 30 October 2008 : 11:52:35
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You can have a CCJ filed against you in your absence. The forms may have been posted but not received / acted upon etc.
Might be worth checking your credit history with Experion.
I would suggest that you obtain the letter and see what the exact wording is because as I have said it might say "we MAY pursue a charging order".
Lastly are you still on the mortgage for the previous house?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 30 October 2008 : 15:21:51
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Hi Paul
For the last several weeks she has been trying to have my name removed from the mortgage. I wished she had done this last year as there is £25K (see my previous topics) sat with her solicitor as a payment to me which I can kiss goodbye to now as I can not hold out any longer and am going to have to go bk earlier than I planned. I am trying to get hold of a copy of this letter via e-mail if she can do it. I just do not believe my luck. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 30 October 2008 : 16:26:21
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sounds like you may need to review the whole position again.
what is the total debt?
depending upon the total debt then there may be an opportunity to negotiate with the creditors with the 25k you have.
You really need to have sight of the letter as it could be many months away before a charge lands.
have you had any personal advice or are you trying to do this by yourself?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 31 October 2008 : 15:02:51
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Hi Paul
Sorry I have not been back. Been worried no end. I now have a copy of the document. I have found out I have a recent CCJ against me over this. The solicitors representing the creditor have been sending the paperwork to my ex who in turn has been putting it back into the mail system and so hence the CCJ in my absence. An interim charging order in respect of the ex's home has been made and a final charging order will be heard in Dec 08. I have not lived there for nearly 6 years. This debt was one that was being managed by a debt management company and would also have given them my current address so I have no idea why they want to send charging orders out to me when they should know I do not live there.
After an initial chat with a representative from England, Jackman and Spacey earlier this week, I felt more relieved about my problems. Then out of the blue this happens. At 0915 this morning I am on the phone to them to ask their advice and in particular the chap who originally spoke to me. Two hours later, still no call and me getting more worried. I called them back again at 1110 hours and the telephonist said she would put a message out marked as urgent for this chap to contact me. I sit here another four hours later and still nothing. Does not really fill you with confidence does it. I have therefore been in touch with my divorce solicitor who has spoken to one of the litigators at the practice and it appears I may be able to get not only the charging order overturned but also the ccj as the creditor should have known I was not living at the address and had not for many years and so there was every chance I could not defend myself accordingly. We shall see. I am not very confident with anyone at the moment.
Regards
ACM |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 October 2008 : 15:06:47
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Hi ACM
I do know that the helpline and EJ&S are very busy at the moment, they are taking a little longer to get back to people, i had the same problem they did try and get back to me the same day but i did not hear my phone so they called me the next day instead. My fault, but hang on in there and bare with them as the amount of people needing advice has gone up threefold. :-)
LOL
Jo
x
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Jo's Links and added info on Bankruptcy!
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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Edited by - Needafriend on 31 October 2008 15:07:15 |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 31 October 2008 : 15:31:15
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Hello Jo
Thanks
I think I am just worried and frustrated. I am not far from having a little money from my ex and now it is all on hold. Every day my solicitors bill just keeps getting bigger and bigger and whomever you turn to for help want money out of you as well. I think I was keen to go with Brett Englands people but it may be that my solicitors practice can do it all for me within the same budget. I just dont know. Everything just gets more and more confusing. I think I had better stop rambling on. |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 October 2008 : 16:42:29
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Hi ACM
I do know how frustrating things can be and even more so for you and the money.
Try and chill out this weekend and if you can have some fun.
Dont think about things, put them to the back of your mind and just think past all of this and to the new debt free future that is all going to come soon enough and make you happier again :-)
Your friend
Jo
x
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Jo's Links and added info on Bankruptcy!
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 31 October 2008 : 22:44:46
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Hi
you may be able to overturn the CCJ & Interim Charging order because it wasn't served to you.
However the creditor is perfectly at liberty to pursue you this way and are able toissue another County Court Claim and eventually place a charge on the property.
I realise that you haven't lived there for 6 years but because you are still on the deeds you have a legal interest and therefore they can pursue you for this.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 01 November 2008 : 00:25:06
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Thanks Paul
Did a lot of reading on this today and know they can re-issue. However, in the meantime it appears I can have the funds released to me if they retract the order. Trying not to make a point but never heard back from EJS and now wonder what £6,000 will be for. I am sure they have helped many people on here but they have lost one potential customer with me.
Thank you for your advice.
Kind regards
Andrew |
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pix1
Average Member
689 Posts |
Posted - 01 November 2008 : 06:09:17
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acm,
If you plan to go bankrupt then you could do so now and the ccj/charging order would be superceded by the BR. Depending on the debt levels you might lose the £25000 anyway but the advantage, at least for your ex wife, would be that there would be no charge on the property other than the OR's interest in it and an OR interest on it might not happen if it can be shown that you are divorced/separated and have not been living there. The problem in all of this is that you are still on the list for the property. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 01 November 2008 : 09:18:07
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Hi Andrew
Not sure where the £6,000 is from but would really suggest you give an assisted bankruptcy specialist a call just to go over the situation on the phone.
It sounds like there are options available but probably need a little more info than is available from your posts.
What is the total debt?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 01 November 2008 : 10:50:57
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Hello Paul
The £6,000 is approx what I would be charged by EJ&S for handling my BK with a debt of nearly 60K. The £25K is being held by my ex's solicitor of which £8K is earmarked for my solicitor. Therefore not a lot left over before I have to look at other things that need covering off financially. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 01 November 2008 : 11:23:45
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Hi acm
obviously not sure about the complexity of the case but seems like a lot.
The 25k is that what your ex is giving you to buy your beneficial ineterest out of the house?
I also don't know what else you have to cover off apart from solicitor. It may be that you need to negotiate with Amex so the charge doesn't land ant the 25 becomes available so that you can look forward.
the 60k does that include the amex debt of 10k and th solicitors debt of 8k
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK
www.revivauk.com |
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Amex - Worrying Tactics
