help please not sure what to do.

lest_3

hi
i am booked in on the 7/4 for BR and have recieved a letter (i should say my wife has) about a notice of an application to register a restriction against the land. it gives her until the 17/4 to appeal against it. i am due in court on the 1/5 regarding a court order for this matter. to be honest i dont really understand it that well. do i carry on with the BR and then inform them afterwards or am i stuck with the land registry thing even after i have been on the 7/4.
hope you can understand this.

fiveyearplan

What is the restriction for? Are both you and your wife going BR?

lest_3

i am not sure what you mean by restriction, on the letter it says that the charging order reflects monies which you owe to our clientand which they wish to secure by registering a charge against any interest in the property.
it is myself only that is going BR.

JCS1

is the debt your's or your wife's? Slightly confused as letter sent to her (unless it's because jointly owned).

if your sole debt, then it's included in the BR - and your defense for the charging order is your BR order.

lest_3

the debts are all mine, i think the letter is addressed to her as the mortgage is in joint names so possibly giving her the chance to dispute it.

affluenza

It sounds like an unsecured debtor is trying to secure against your property aka Tomlin Order.

If the property is yours then if you declare bankruptcy before the charging order is obtained - the unsecured debt becomes part of the bankruptcy; whereas if they obtain the security against your property then you are lumbered until the property is sold.

This happened to me and I was advised to do this by CCCS and debt helpline - in retrospect I don't believe was the best solution and I should have gone bankrupt before the divorce was finalised.

fiveyearplan

Do you have a court date?

lest_3

court date for BR is 7th april, court date for charging order hearing is 1st may.
they have given us umtil the 17th april to dispute it.