Charging Order? The myth
Comments
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eggbox, can I just ask a couple of questions please.
Weightmans Solicitors acting on behalf of Marbles Credit Card put a 'charge on' our house in 2006. Debt in my name but house in joint names. Although the account was defaulted when we went onto DMP they skipped the CCJ part and went straight for charge. I have done a land registry search today and what shows up is a charge for Weightmans but there is no wording to differentiate between a charge or a restriction. Is there a way of getting hold of this information?
Also we have our mortgage with NRAM and a year after buying the house we took advantage of the unsecured draw down facility on the Together Mortgage and there is an entry on the land registry at the time we did this that refers to a charge for further advances, can they do this as the draw down is unsecured (or so I thought)!
Thanks in advance for your help. Jude0 -
Although the account was defaulted when we went onto DMP they skipped the CCJ part and went straight for charge.
They can't "skip" the CCJ as a CCJ is required to enable them to apply for a Charging Order. If you, genuinelly, didn't know a CCJ was being sought then you may have grounds to set aside the CCJ and then the CO would be removed. But you would have to prove why (or how) you had no knowledge of the Court Claim (which might be tricky after 8 years?) Was there any reason the claim wouldn't have been sent to your existing address?
I'm not too familiar regarding the "draw down" facility offered by NRAM, but if it's related to a mortgage on property I doubt very much it would have been "unsecured" lending? But if you have evidence it was unsecured lending, then there is grounds to get the charges removed.
The charges on your deeds, however, are what normally appear when a lender does a further mortgage advance.0 -
They can't "skip" the CCJ as a CCJ is required to enable them to apply for a Charging Order. If you, genuinelly, didn't know a CCJ was being sought then you may have grounds to set aside the CCJ and then the CO would be removed. But you would have to prove why (or how) you had no knowledge of the Court Claim (which might be tricky after 8 years?) Was there any reason the claim wouldn't have been sent to your existing address?
I'm not too familiar regarding the "draw down" facility offered by NRAM, but if it's related to a mortgage on property I doubt very much it would have been "unsecured" lending? But if you have evidence it was unsecured lending, then there is grounds to get the charges removed.
The charges on your deeds, however, are what normally appear when a lender does a further mortgage advance.
We were informed that they were going to court to get a CO and had to sign some paperwork, that was the last that we heard. We know the account was defaulted but as far as we are aware a CCJ was never attached to the account.
The Together mortgage came with a unsecured loan facility that was available to you at any time. I am surprised that a CO was allowed for an unsecured facility.0 -
It's basically what is created when a person (a trustee) holds property as its owner for the good of one or more beneficiaries (joint owners)
May I ask please if my solicitor has put me in a difficult position by asking for redemption statements from the Restriction holders. If so is there anything I can do to mitigate this?
Thank you0 -
May I ask please if my solicitor has put me in a difficult position by asking for redemption statements from the Restriction holders. If so is there anything I can do to mitigate this?
Thank you
Yes as he has alerted the creditor and prepared them for payment which wasn't his job. You are th person who decides if you want to pay or not.
I'd, ever so politely, remind him that he has a duty to protect your interests first and not those of a third party creditor. Ask him to explain why he has done this and see what he comes up with?0 -
Oh dear. Additionally I have more bad news. My ex partner had passed me a file containing all the relevant information. About an hour ago I was going through a completely different section of the file (other than the two given over to the Restriction Holders) and found an incorrectly filed piece of paper. It's a Final charging Order granted to one of the two Restriction holders.
Does this mean I still have to pay?
Does the fact that I was suferring with depression at the time and in no fit state to defend myself allow me to go back to the courts and ask for a set aside?
Thank you0 -
Hi,
Sorry my last post isn't clear. May I try to put my question again please?
Late yesterday after spending the entire day trying to digest the information I was dealing with I found a Final Charging Order held by one of the two companies who have Restrictions on the joint property.
May I ask where this leaves me from a legal point please?
Any thoughts would be gratefully received
Nuttymut :-)0 -
As I said, it's not possible to obtain a CO with obtaining a CCJ first. So you need to find out why you were never informed by the Court a claim had been made against you.We know the account was defaulted but as far as we are aware a CCJ was never attached to the account
Do you have proof the loans were unsecured?The Together mortgage came with a unsecured loan facility that was available to you at any time..
You, me and a few hundred thousand other people fell for that one!I am surprised that a CO was allowed for an unsecured facility.0 -
May I ask where this leaves me from a legal point please?
The CO, whether interim or final, can still only be registered as a Restriction on your property as it is jointly owned and you are the sole debtor.
So it makes no difference regarding the information you have received on here.0
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