Everhseds Works for Driaect auto finance as Was now YES car Credit. I fell into arrears...had the car repossessed and Direct auto Finance sold the car for thousands less than they charged me.....then asked my to pay the difference between the full credit charge...including all interst payment less the pittance they sold the car for. They since placed a charging order on my house and are now threatening to force its sale?.....can they legitamately do this.... I didnt go to court becuase the case wqas in Nottingham....(Not cardiff for a change).

-- Dave McLaughlin (Dave@macker15.f9.co.uk), June 12, 2001

Answers

That your lender applied for a charging order straight away seems a bit harsh. What you should have done, was defend the summons you were issued with, that would have ensured that the matter was transferred to your home court.

If your lender has a charging order, then yes, they can enforce a sale, however its not always as simple as that. Your mortgage lender would have first call on any funds from the sale, so your mortgage lender would be paid first, then the car lender and then you'd get any profits.

From what I've experienced of charging orders, they usually stay on the property until either the debt is paid or the homeowner is selling the property.

I would suggest that you see a solicitor for advice, you may be able to get the order set aside.

-- pendle (pendle@amun-ra.demon.co.uk), June 12, 2001.