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  • FIRST POST
    blueback
    Charging Order? The myth
    • #1
    • 26th Jul 09, 11:28 AM
    Charging Order? The myth 26th Jul 09 at 11:28 AM
    I feel that this is so important that I thought a new thread should be made to highlight the importance of understanding the law on Charging Orders and how many people are stuck with their property in the false believe that they have had a Charging Order put on their property.

    In particular the thousands of Northern Rock customers that have had unsecured debt turned into secured debt by their tactics.

    If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction.

    The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor.

    However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO.

    However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them

    Quote:

    Restriction


    The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :-
    No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).
    You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer, we will not ask to see the consent of the person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.

    If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.


    So I hope I have provided benefit to everyone who has had a restriction entered against them (especially NORTHERN ROCK CUSTOMERS) who believe wrongly that they are Charging Orders.

    You now have the freedom to go and sell your houses with the knowledge that the vultures can do nothing

    I also think this VERY IMPORTANT point needs highlighting by the moderators as many many people are stuck with houses that they believe they cannot sell
Page 171
    • DAKOTA45
    • By DAKOTA45 20th Sep 17, 7:50 AM
    • 477 Posts
    • 38 Thanks
    DAKOTA45
    Hi Eggbox…
    I really need to think about selling my property as the lender is chasing for arrears now… just wondering what the chances are of selling without paying the CO, especially as I have a claim against the owner of the charge.
    (As you know, the CO is unfortunately a modified one and I have to give 14 days notice before disposal).
    I guess it depends on the solicitor…
    I'm wondering, given the circumstances, whether or not I can insist that the charge isn't paid until there is a judgement re my claim... It's getting so complicated.
    D45
    • eggbox
    • By eggbox 20th Sep 17, 9:32 AM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    Firstly, how much arrears are we talking about and how much pressure is the lender applying? I'm only asking because, as its been explained on this thread; if your mortgage lender repossesses the house then they will have power of sale (as first charge) and all the other charges / restrictions get wiped? Any surplus funds after the house is sold and the lenders charges are accounted for are then returned to you (as all other charges have been removed.) I'm not saying it will be straightforward but its an option you may want to consider if the forthcoming case goes against you?

    In the meantime, if you only have a Restriction registered there is nothing to prevent you selling as anyone else with the same problem on this thread? The 14 day notice, as I've explained whether modified or not, presents no real different hurdle as all the creditor can do is send a request for payment from your conveyancing Solicitor? They can't, actually, do anything else until its seen you've declined to pay from the sale proceeds?

    Its doubtful an application to defer payment of the Charge would be entertained as it would, most likely, be the decision of the creditor whether to defer or not? But you lose nothing from asking?

    Selling as an option may depend on how easy it would be to sell your property?
    • Sparkles69
    • By Sparkles69 20th Sep 17, 11:07 PM
    • 2 Posts
    • 0 Thanks
    Sparkles69
    Hi eggbox, choochybaby 69 here, with a name change. I've not been on for a while, but just asking if we have a solicitor willing to help us at the moment please?
    Thanks, P.
    Last edited by Sparkles69; 20-09-2017 at 11:13 PM. Reason: name change.
    • DAKOTA45
    • By DAKOTA45 22nd Sep 17, 7:42 AM
    • 477 Posts
    • 38 Thanks
    DAKOTA45
    Many thanks, Eggbox…

    I'm being pressured by the lender and am struggling to meet the monthly payments since the DWP reduced the SMI (Support for Mortgage Interest), although i have not missed any payments at all throughout the term of the mortgage..
    The arrears are not huge… about £750, and occurred because of a gap between the previous 2 year fix where the interest rate reverted to the standard rate for one month, before I was able to arrange a new fixed rate.
    I will struggle from April, though, as all support from DWP ends. So I may as well bite the bullet and put the house on the market.

    I'm just worried because the creditor will be forewarned of the disposal by having the benefit of the 14 day notice and he will be ready to 'pounce' and the sale won't go through if I refuse to pay the charge, will it.

    The other thing is that there is ongoing litigation between myself and the charge holder… I've a feeling that if he loses at trial, I won't see a penny of my claim, as I note from the title deeds of his property that he has recently re mortgaged… (probably right up to the limit), to circumvent any future liability via a CO being placed by me. Very crafty!

    It's an unusual situation and I guess I need a good solicitor…one who will, perhaps, see that it makes sense that I retain the money I owe, (perhaps by way of an escrow agreement), at least until the court makes a decision re my claim?

    D45
    Last edited by DAKOTA45; 22-09-2017 at 8:22 AM.
    • begganmanu
    • By begganmanu 22nd Sep 17, 11:37 PM
    • 11 Posts
    • 0 Thanks
    begganmanu
    Second charge on mortgage
    Hi , an appointed administrator PWC were appointed for a property developer who went bust about 7 years ago .. The house I purchased was a shared equity scheme and I had 75 % with the bank and other 25% was with developer .. so I am in a position now to make an offer to sign off this second charge but they have told me to put it in writing ..obviously the houses have dropped dramatically in price and now worth 160 000 as opposed to 225 000 in 2009. 1 house the same in this estate was sold a year ago for 138 000 and was in not great condition as all the houses have issues as they were threw up In the boom time and especially as the developer started to get into trouble financially ...
    I said over the phone I would be thinking of an offer of around 15-20 000 ..how do yous think I could layout this email to an acting administrator on behalf of the bust developer for a housing estate who had maybe 20 + same scheme .. also I may be the first one making an offer as the ten years have not passed yet and almost sure that nobody had began to pay back anything under the 10 yr scheme ..pls await ur responses
    • DAKOTA45
    • By DAKOTA45 2nd Oct 17, 7:12 AM
    • 477 Posts
    • 38 Thanks
    DAKOTA45
    Hi Eggbox….

    I have agreed a sale on my house…

    D45
    • eggbox
    • By eggbox 3rd Oct 17, 1:11 PM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    Hi Eggbox….

    I have agreed a sale on my house…

    D45
    Originally posted by DAKOTA45
    Hi Dakota I have sent you a PM
    • DAKOTA45
    • By DAKOTA45 3rd Oct 17, 3:19 PM
    • 477 Posts
    • 38 Thanks
    DAKOTA45
    Hi Dakota I have sent you a PM
    Originally posted by eggbox
    Thank you… just seen it & replied. D45
    • Sparkles69
    • By Sparkles69 5th Oct 17, 10:50 AM
    • 2 Posts
    • 0 Thanks
    Sparkles69
    Hi Eggbox,
    We are wanting to hopefully market our property soon and are wondering if there is there a solicitor available at present who is willing to deal with people in our our situation? We will also offer to pay the buyers solicitor fees, if this would make things quicker and simpler.
    Thanks, S,69
    Last edited by Sparkles69; 06-10-2017 at 10:24 AM.
    • DAKOTA45
    • By DAKOTA45 6th Oct 17, 12:30 PM
    • 477 Posts
    • 38 Thanks
    DAKOTA45
    Hi Eggbox,
    We are wanting to hopefully market our property soon and are wondering if there is there a solicitor available at present who is willing to deal with people in our our situation? We will also offer to pay the buyers solicitor fees, if this would make things quicker and simpler.
    Thanks, S,69
    Originally posted by Sparkles69
    Is it possible for the sellers' solicitor to handle both sides… or would that be a conflict of interest? D45
    • chkymonky
    • By chkymonky 9th Oct 17, 11:15 AM
    • 25 Posts
    • 2 Thanks
    chkymonky
    Hi Guys,

    Finally I have found a lender to remortgage my house. the solicitors acting on behalf of lender are adamant to clear of 3 restriction on my house in my name.

    1 of the restriction is from Northern rock who has sold to Marlin. I dont pay them anything and they have given up chasing as well.
    not sure how to deal this scenario?

    Any advise would be highly appreciated.
    Last edited by chkymonky; 09-10-2017 at 11:21 AM.
    • Rebecca1988
    • By Rebecca1988 10th Oct 17, 8:36 AM
    • 2 Posts
    • 0 Thanks
    Rebecca1988
    Writing in here (sorry) as it won't let me post my own thread. Can you have a ccj removed if it's in the wrong name? I got a parking ticket and didn't realise (it blew off car) and they sent letter which with being away on holiday didn't get and just checked my partners file and they have given him a ccj as they car owned by him when really the parking ticket was mine. Can we have this changed at all and taken from his account?
    • DAKOTA45
    • By DAKOTA45 10th Oct 17, 5:32 PM
    • 477 Posts
    • 38 Thanks
    DAKOTA45
    Writing in here (sorry) as it won't let me post my own thread. Can you have a ccj removed if it's in the wrong name? I got a parking ticket and didn't realise (it blew off car) and they sent letter which with being away on holiday didn't get and just checked my partners file and they have given him a ccj as they car owned by him when really the parking ticket was mine. Can we have this changed at all and taken from his account?
    Originally posted by Rebecca1988
    You have a charging order for a parking ticket?!! D45
    • Rebecca1988
    • By Rebecca1988 11th Oct 17, 1:04 PM
    • 2 Posts
    • 0 Thanks
    Rebecca1988
    Yeah my partner has a ccj against his credit file for not paying the parking ticket the total is £85 not sure where we stand either removing it or at least putting it onto my credit file as it was me who got it.
    • chkymonky
    • By chkymonky 12th Oct 17, 4:55 PM
    • 25 Posts
    • 2 Thanks
    chkymonky
    Hi Guys,

    Finally I have found a lender to remortgage my house. the solicitors acting on behalf of lender are adamant to clear of 3 restriction on my house in my name.

    1 of the restriction is from Northern rock who has sold to Marlin. I dont pay them anything and they have given up chasing as well.
    not sure how to deal this scenario?

    Any advise would be highly appreciated.
    Originally posted by chkymonky
    Marlin has its license cancelled on FSA register. Can I fill in RX3 and state that the restriction needs to be cancelled as Northern Rock has sold the loan to Marlin and Marlin and its solicitors still havent responded to my letters in 3 years to prove the debt.

    Plus both Marlin and its solictors licence is cancelled

    Do I stand any chance to get the restriction cancelled?
    • eggbox
    • By eggbox 13th Oct 17, 11:06 AM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    Marlin has its license cancelled on FSA register. Can I fill in RX3 and state that the restriction needs to be cancelled as Northern Rock has sold the loan to Marlin and Marlin and its solicitors still havent responded to my letters in 3 years to prove the debt.

    Plus both Marlin and its solictors licence is cancelled

    Do I stand any chance to get the restriction cancelled?
    Originally posted by chkymonky
    Marlin were taken over by Cabot Financial in 2014 so I would contact them in the first instance as your account will have been transferred to them.
    • eggbox
    • By eggbox 13th Oct 17, 11:15 AM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    Writing in here (sorry) as it won't let me post my own thread. Can you have a ccj removed if it's in the wrong name? I got a parking ticket and didn't realise (it blew off car) and they sent letter which with being away on holiday didn't get and just checked my partners file and they have given him a ccj as they car owned by him when really the parking ticket was mine. Can we have this changed at all and taken from his account?
    Originally posted by Rebecca1988
    Hi Rebecca, the owner of the car is responsible for any parking tickets so you would need to provide evidence that you were the driver on the day and were responsible for the parking infringement.

    If you can do that you would need to apply to set aside the CCJ using form N244 and pay the £255 fee (unless you are exempt on financial grounds?)

    You will, however, also have to convince the Judge why letters the parking company sent, regarding the fine, and also the Court papers, regarding the Court claim, weren't responded to?

    If you are confident you can do that then it may be possible to set aside the judgement and then have it re-issued in your name to pay.
    • eggbox
    • By eggbox 13th Oct 17, 11:20 AM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    You have a charging order for a parking ticket?!! D45
    Originally posted by DAKOTA45
    It's a CCJ not a CO
    • eggbox
    • By eggbox 13th Oct 17, 11:22 AM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    Hi eggbox, choochybaby 69 here, with a name change. I've not been on for a while, but just asking if we have a solicitor willing to help us at the moment please?
    Thanks, P.
    Originally posted by Sparkles69
    Have sent you a PM
    • eggbox
    • By eggbox 13th Oct 17, 11:24 AM
    • 1,228 Posts
    • 629 Thanks
    eggbox
    If any of the site team are monitoring this thread I've got the problem of not being updated of new posts if you can have a look, please?
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