UK Property Law
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Hi there. Thanks for your question, I will help you with this.
What is the restriction for - do you contest it?
its for a debt i had for a credit card, 7,775.21.,, i offered to pay them £50 per month to pay it off but they decloined and took me to court, i have since objected to the register and now it is going to court, can i lose my house?
How can they register a caution against your house though? What interest in your home do they say they have?
I meant a restriction ...
they have applied to register a restriction against my land.?
of course i objected,
but it is going back into court,
can i lose my house?
OKay, well I don't see how a normal debt (without a Court order) ends up with a restriction.
You can only lose your house if they obtain judgment against you, and then get a charging order and then an order for sale.
yes i had a court order first but did not attend as i had already offerd them £50 per month but they just ignored that and gave me a ccj instead
Well, if they go and get a charging order, then they could seek an order for sale of your home afterwards.
So, there is a risk that if the Court doesn't allow instalment payments, that they could go down this route.
oh shit i have an interim charging order
Ah ... okay.
Well, the next hearing will be to see whether it should be made final.
the date for this is 11 april,
If it is, then they could apply for an order for sale to get at the equity in the property.
oh dear , how can i stop this
In the meantime, you could apply using Form N244 for permission to pay the judgment in instalments. If you do this, you should set out your incomings/outgoings etc and make a sensible proposal to the Court.
Obv, if you can agree this instead of Court, even better.
is £50 per not sensible enought then..
where do i get one of these n244 forms
Depends on your botXXXXX XXXXXne - what you have coming in as against going out. There is no fixed answer to this ... different judges might have different views!
From the Court.
well i have a lot of outgoings and not a lot of incomings, also self employed
Maybe you should see a debt counsellor about becoming bankrupt and/or enter into an IVA.
im not really sure if declaring bankrupt is a thing id like to do, is there another way,
how do i contact a debt counseller
what is an iva
You should get specialist help from a debt counsellor - try http://www.cccs.co.uk/
An IVA is an insolvency procedure where you enter into a formal agreement with your creditors.
You get more info on this here: www.iva.net
Hope this has been useful?
so basically i'm snookered
No, not necessarily. I can't advise you, but I've hopefully pointed you to people that could. They'd need to look properly at your personal circumstances, something we can't do in public forums etc.
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ok thanks , so basicaaly i need to contact a debt cousellor then they will tell me my best option, ?