Legal Question in Credit and Debt Law in United Kingdom
A bank placed a charging order on my property in 2009 following a ccj being issued. At the time I was being treated for mental illness (still am) and I wasn't in the right state of mind to attend the hearing. I am making regular monthly payments towards the debt. Due to my illness is there any way I can have the charging order set aside
1 Answer from Attorneys
16.05.2014
Dear Sir / Madam,
If your monthly payments are as determined by the Bank and timely, I see no reason why the Bank should place a charge order on your property. It may be that your repayments are not in keeping with the Bank's predetermined EMIs towards repayment of the loan outstanding. You will need to ask the Bank to inform you of the total pending EMIs that were due to be paid by you, so that you can pay off that amount in one go, and regularize your loan A/c to keep it in order, and continue to repay all the remaining EMIs on time to the Bank. If you have the financial capacity to repay the balance loan outstanding amount, you should do it and close the loan A/c and take back your property papers from the Bank.
Regards,