Quizzes & Puzzles2 mins ago
charging order
2 Answers
can companies put a charging order on your property if the loan you had wasn't secured ?
Answers
Best Answer
No best answer has yet been selected by starbar1969. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.For them to be able to do so:
1. You default on the loan payments; &
2. They take you to Court & get a County Court Judgement against you (which will specify the amount you are to pay each month or that you are to pay all the debt "forthwith"); &
3. You fail to comply with the judgement; &
4. They return to Court & get an interim charging order; &
5. A judge, at a hearing to make the interim order final agrees to do so.
Never ignore a County Court claim. Always put in a financial statement and payment offer - even if it is only �1 per month. If a "forthwith" judgement is made apply for redetermination of a variation. If the judgement is for a certain monthly sum, never miss a payment or delay it - even by 1 day. Make sure it is paid in "cleared funds", not by cheque as the creditor could fail to bank it & then claim you had not paid.
These steps will minimise (but cannot remove entirely) the risk of a charging order
1. You default on the loan payments; &
2. They take you to Court & get a County Court Judgement against you (which will specify the amount you are to pay each month or that you are to pay all the debt "forthwith"); &
3. You fail to comply with the judgement; &
4. They return to Court & get an interim charging order; &
5. A judge, at a hearing to make the interim order final agrees to do so.
Never ignore a County Court claim. Always put in a financial statement and payment offer - even if it is only �1 per month. If a "forthwith" judgement is made apply for redetermination of a variation. If the judgement is for a certain monthly sum, never miss a payment or delay it - even by 1 day. Make sure it is paid in "cleared funds", not by cheque as the creditor could fail to bank it & then claim you had not paid.
These steps will minimise (but cannot remove entirely) the risk of a charging order