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CCJs and BR

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Comments

  • MercMan
    MercMan Posts: 460 Forumite
    I think if you do only weeks away from BR you may get a problem with the OR. And of course you can't do it post BR.
    "What does not kill you makes you stronger"


  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    No I'm already bankrupt however my OH has some debt that we don't want a charging order on. I'll be discharged in 7 weeks 6 days!

    :j :j


  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MercMan wrote: »
    What they can do is put a restriction on the sale which only affects me. In other words a flag is put on the property at the Land Registry so that I cannot get my share of the proceeds until they creditors get theirs. A charging order can mean that the house can be sold where as restriction does not have this power.

    Yes, that's what I meant, they can still put a charge on the property, but only for your share. If your debt is £10k, and your equity is £10k they're only entitled them to £4.5k, but is still a form of a charge on the property.

    Your OP implied that they couldn't put any charge on at all.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • MercMan
    MercMan Posts: 460 Forumite
    The difference between a charge is that the next stage is to get an order of sale. They cannot do this with a restriction. So its not a charge in the legal sense.
    "What does not kill you makes you stronger"


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