First National Bank- Charging Order

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First National Bank have this week obtained a charging order absolute on our property for an unsecured debt. Despite making an offer of payment in writing to their solicitors, having been told that a payment would be accepted as the charging order was "going to go ahead anyway", we have now been told that they never received this offer. They have even said that we “offered to repay the debt within 28 days” which we did not. We have even, although been unsuccessful, to obtain a re-mortgage to clear the debt.

At the hearing, the judge had more or less made his mind up before we went in, that he was going to make the charging order absolute. We had to “butt” in to make our objections. We asked if other creditors had been informed, as we believe that they should be sent the charging order nisi before the hearing so they can make objections if they wish. He dismissed this saying it was up to us to contact our creditors. We then asked for an adjournment, which he refused. As a final resort, and after he had “tutted” at our financial circumstances, we asked that certain conditions be attached to the order, to which he literally just laughed at us. As you can imagine we left the hearing feeling very upset, angry and sick to the stomach.

-- (orangepaws@hotmail.com), January 25, 2002


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