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  • FIRST POST
    • Jcbkabs
    • By Jcbkabs 11th Feb 18, 8:37 PM
    • 7Posts
    • 0Thanks
    Jcbkabs
    Discovered a charging order but no ccj on file
    • #1
    • 11th Feb 18, 8:37 PM
    Discovered a charging order but no ccj on file 11th Feb 18 at 8:37 PM
    I applied for a lease for some equipment to expand my business they have come back and want proof that a restriction is satisfied. I had responded to a letter back in 2011 about a MBNA credit card for which I couldnít pay due to being of iíll But the address on this form didnít match my address. They had a house number not a name of a house. But as I knew the temp postman he delivered this to me I responded and I received nothing else.
    Iíve spoken to the joint owner and they didnít receive notification from land registry or court about this charging order.
    I had some concerns that my final balance was around £3100 by the notice from Northampton court was for the same but the Charing order is for over £5000.
    Restons have used three different address for my address non match the one MBNA used but I have a screen shot from MBNA show a number instead of a house name.
    Joint owner not happy sheís not been informed of charging order (restriction on my percentage of the property which is around 5% of the property)

    Whatís the quickes way to sort this or am I stuck?
    Last payment jan 2011 last letter sent aug 2011. Charging order 28/Oct/2011
Page 1
    • jonesMUFCforever
    • By jonesMUFCforever 11th Feb 18, 10:03 PM
    • 24,437 Posts
    • 11,722 Thanks
    jonesMUFCforever
    • #2
    • 11th Feb 18, 10:03 PM
    • #2
    • 11th Feb 18, 10:03 PM
    Pay it off and get the charging order removed.
    Not sure why the 95% holder is miffed as in the event of a sale he/she would still get 95% of the proceeds but you would have to pay out of your share.
    What goes around - comes around
    give lots and you will always receive lots
  • National Debtline
    • #3
    • 12th Feb 18, 3:50 PM
    • #3
    • 12th Feb 18, 3:50 PM
    Hi Jcbkabs and welcome to the forum


    If the charging order was obtained due to a CCJ in 2011, that CCJ will no longer show on your credit file because it is now more than 6 years old. Unfortunately you will still owe the debt and the charge will remain until the debt is paid off. When you received the letter with the house name on it, was that a court claim? And did you tell them they had made a mistake with the address?


    Both you and the joint owner of the property would have to have been notified of the charging order application. But it may be feasible that if they continued to use the wrong address this information was not received.


    It is possible for interest to continue to be added to a debt after a CCJ has been made but there are some specific rules that must be followed if the CCJ was made after October 2008. These include that there must be a term in the original credit agreement that says interest can be added after judgment, you must be sent a notice from the creditor telling you they intend to add interest and a new notice must be sent every 6 months. You can find more information on this here https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtinterestcharges/interestonaccj.aspx.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sourcrates
    • By sourcrates 12th Feb 18, 4:20 PM
    • 13,221 Posts
    • 12,640 Thanks
    sourcrates
    • #4
    • 12th Feb 18, 4:20 PM
    • #4
    • 12th Feb 18, 4:20 PM
    Also as the judgement is over 6 years old, to take further enforcement action, they would need to seek permission of the court.

    The court may not grant this permission as they may feel 6 years is time enough to exercise their rights.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Jcbkabs
    • By Jcbkabs 12th Feb 18, 8:39 PM
    • 7 Posts
    • 0 Thanks
    Jcbkabs
    • #5
    • 12th Feb 18, 8:39 PM
    • #5
    • 12th Feb 18, 8:39 PM
    Thanks for the reply!!!8217;s

    I phoned the court today they have a direrent house marked down for me and it!!!8217;s different to the one at the land registry has.They have sent bailiffs to this other house. They also said it!!!8217;s a charging order not a k restriction even tho house is jointly owned.

    Also phoned MBNA debt been sold they have the same address as the court but a different post code and it!!!8217;s different address to the last statement I received from MBNA but the same as a letter I had in a SAR request from MBNA. MBNA informed me is been sold to MFS?

    What should I do
    • Jcbkabs
    • By Jcbkabs 12th Feb 18, 8:47 PM
    • 7 Posts
    • 0 Thanks
    Jcbkabs
    • #6
    • 12th Feb 18, 8:47 PM
    • #6
    • 12th Feb 18, 8:47 PM
    Yes I went to the court and spoke to the judge and restons solicitors I showed my driving licence to clarify the address. Judge adjourned and said I would receive a letter to reattend Iíve never received letter.

    Other owner was also not notified by the land registry that the interim charge was applied for, this is what sheís not happy about as I didnít tell her.
    • nic_c
    • By nic_c 13th Feb 18, 8:55 AM
    • 1,231 Posts
    • 688 Thanks
    nic_c
    • #7
    • 13th Feb 18, 8:55 AM
    • #7
    • 13th Feb 18, 8:55 AM
    For a charging order to be placed on they have to verify its your property, and it can be done on your part of a joint owed house. Should the property be sold they will receive payments from your portion before you do.

    Is your question about trying to find a technical loophole, i.e. your property has a name but they addressed letters to a number rather than a name - they could have used Royal Mail's addressing system for this. It does not make the debt any less valid. That they have been trying to deliver to different addresses doesn't affect it, just means they have been doing due diligence to find you.

    You had responded, even if the address was wrong - did you then provide the correct address?
    At present there is the charging order on the house, if you pay off the debt it will get removed, otherwise it will be paid once the house is sold. Is the house been sold or is it just that the majority holder is annoyed it's on there? You can contact Restons and offer to pay the debt, if you can't afford it in one go then see about a payment plan. If the house isn't been sold yet then when you pay it off they will remove the charging order.
  • Land Registry
    • #8
    • 13th Feb 18, 10:03 AM
    • #8
    • 13th Feb 18, 10:03 AM
    I applied for a lease for some equipment to expand my business they have come back and want proof that a restriction is satisfied. I had responded to a letter back in 2011 about a MBNA credit card for which I couldn!!!8217;t pay due to being of i!!!8217;ll But the address on this form didn!!!8217;t match my address. They had a house number not a name of a house. But as I knew the temp postman he delivered this to me I responded and I received nothing else.
    I!!!8217;ve spoken to the joint owner and they didn!!!8217;t receive notification from land registry or court about this charging order.
    I had some concerns that my final balance was around £3100 by the notice from Northampton court was for the same but the Charing order is for over £5000.
    Restons have used three different address for my address non match the one MBNA used but I have a screen shot from MBNA show a number instead of a house name.
    Joint owner not happy she!!!8217;s not been informed of charging order (restriction on my percentage of the property which is around 5% of the property)

    What!!!8217;s the quickes way to sort this or am I stuck?
    Last payment jan 2011 last letter sent aug 2011. Charging order 28/Oct/2011
    Originally posted by Jcbkabs
    If we notify the registered owner then we would use the contact address from the register. This will be the one applied for at the time of their registration or as per any later update applied for.

    As with all post items may get lost or undelivered. The other comments suggest that it is mnore likely that it was lost in the post or undelivered rather than we did not issue a notice.

    I say 'If we notify' as it is unclear what the restriction's wording is so I can't be sure what was applied for and then registered.
    You already appreciate that if the charging order was against just you, and the property is jointly owned, then a form K restriction is usually the one which is registered. However the devil is always in the detail and the court order may have been for something else.
    Last edited by Land Registry; 14-02-2018 at 5:42 AM.
    ďOfficial Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Jcbkabs
    • By Jcbkabs 13th Feb 18, 4:25 PM
    • 7 Posts
    • 0 Thanks
    Jcbkabs
    • #9
    • 13th Feb 18, 4:25 PM
    • #9
    • 13th Feb 18, 4:25 PM
    Thanks for the reply and help I!!!8217;ve sent the email thanks
    • Jcbkabs
    • By Jcbkabs 13th Feb 18, 6:33 PM
    • 7 Posts
    • 0 Thanks
    Jcbkabs
    Just spoken to a friend have a couple of questions

    Can I find out it the charging order sent to land registry had a stamp and signature and correct property address address ?

    Also how do you stop a charging order being transferred to the company debit was sold to as CCJ is over 6 years old and hasn!!!8217;t had any payments or enforcement action?
    • Sparx
    • By Sparx 13th Feb 18, 7:41 PM
    • 845 Posts
    • 457 Thanks
    Sparx
    I think you need to stop trying to find a loophole (I doubt there is one) and focus more on paying your debts. Usually charging orders as mentioned can still continue to incur interest, hence the balance has gone up from £3100 to over £5000 as you say in your OP.

    That's why companies go for charging orders if you're a homeowner and don't play ball. They can sit and play the waiting game. Get a CO on the house, you accrue more interest and eventually they will get their money...

    But then you/partner/ex whoever have lost a chunk of equity in the house because you've buried your head in the sand and ignored this debt.

    Just my 2p
    • Jcbkabs
    • By Jcbkabs 14th Feb 18, 7:00 AM
    • 7 Posts
    • 0 Thanks
    Jcbkabs
    I think you need to stop trying to find a loophole (I doubt there is one) and focus more on paying your debts. Usually charging orders as mentioned can still continue to incur interest, hence the balance has gone up from £3100 to over £5000 as you say in your OP.

    That's why companies go for charging orders if you're a homeowner and don't play ball. They can sit and play the waiting game. Get a CO on the house, you accrue more interest and eventually they will get their money...

    But then you/partner/ex whoever have lost a chunk of equity in the house because you've buried your head in the sand and ignored this debt.

    Just my 2p

    I think you miss the point as it!!!8217;s a restriction not a charging order HER EQUITY won!!!8217;t be lost she owned 95% of the house. Also I think you need to read about charging order on joint properties before having your 2p worth just saying...
  • Land Registry
    Just spoken to a friend have a couple of questions

    Can I find out it the charging order sent to land registry had a stamp and signature and correct property address address ?

    Also how do you stop a charging order being transferred to the company debit was sold to as CCJ is over 6 years old and hasn!!!8217;t had any payments or enforcement action?
    Originally posted by Jcbkabs
    Jcbkabs - I have received and replied to your email so just adding here in very general terms to assist others should they wish to add anything

    The CO is stamped, dated and refers t the registered address and title number for your property.

    When it was registered as a form K restriction we served notice on both you and your wife at the contact address supplied in 2007/8 when your purchase was registered. That is a 'Plot' address and not the postal address now attached to your property.

    We register COs in a variety of ways but we cannot advise on the wider process re their enforcement, settling of debt or collection of monies for example. Invariably a CO will remain on the register until removed either on application as it has come to an end/been dismissed/settled or there is a sale that triggers it's automatic removal.

    The debt can often be transferred but the new creditor does not have to update the register. The details of the original CO are still in play so it's just the creditor who has changed.

    There is a very useful thread on MSE entitled Charging order - the myth that covers a lot of ground re COs and in particular form K restrictions and how they are dealt with
    ďOfficial Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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