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11/11/2011 09:08:19 Confusedddd Posts: 2	Hi I am hoping for a bit of help. My Husband was made redundant and it has caused us to struggle financially. I have defaulted on my payments for a loan i have as i wrote and spoke to them and explained that i would need to pay a reduced amount for a temporary time. This was not acceptable to them and even after i appealed it they sold it to a Creditr Company. They have accepted the payment i have offered, but have said i will need to put a charge against my property and not to worry as i dont have to sell. The paperwork has been sent out and it says that if i default they can push for sale of my home. It also only gives me 7 days to accept or they will persue the order therough the courts. The debt is only £6000 and i am confused as to whether i should be accepting the charge and the implications of that? please help?
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15/11/2011 10:29:19 www.clicklegalservices.co.uk Administrator Posts: 374	I assume that they have a CCJ against you for the debt - i.e. they have taken you through the court and obtained a judgment from the court to the effect that they are owed this sum by you. If not, they cannot do anything to the house without your agreement. If they have got a CCJ, then I would make an application to the court for an order for time to pay the judgment - and i would do this before they make any application. If they have a CCJ, i suspect that the application they would make is for a charging order to be attached to the property. This is like a mortgage - the authority for which comes from the court. even then it is one thing to get such an Order - and another to take it one step further and to enforce the order by seeking to make an application for sale. The courts will be in my view unsympathettic to such an application - especially if you can show that you have the ability to make payments in installments over time. There is no point in agreeing to repaying something you cannot possibly afford though. If they have never started legal proceedings, then you have the ability in your response to make proposals to repay over time. If this is not accepted, then the Court will resolve the issue.
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15/11/2011 10:44:16 Confusedddd Posts: 2	Thanks so much for your reply. No they have not Obtained a CCJ as this has not yet gone to court. I have explained that i can pay the lower amount and they said that is ok, but they require the voluntary Charge against the house to be signed. (they have only given me 7days to sign it). without this they will seek to get this charge via court. I have every intention of paying the amount i have agreed to, but i have also explained to them that my husbands contract expires on 31/12/11 and if he is not made permanant and does not immediatley find a job (which he is desperatley trying to do) then i would have to review the payment. I did not want to sign the document without checking as i do not want them to be able to force me to sell over a £6000 debt.
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