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Help regarding Charging Order
Comments
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So could she just pay Asset Link Capital in small payments and that will be ok? I think she would be happy to do that.
What would happen if she did nothing? They haven't done anything since 2002.My Wins: £150 Next giftcard. Rimmel Lip Gloss, Benefit Lipstick and lipgloss. Rimmel Day2Night mascara. Elizabeth Arden Body Treatment Cream. Big Bang Theory T-shirt, Make Up Set, St Tropez Kit, Clipper Mug Tea Set, Rosie Project Book, Kwik Fit MOT. Benefit Make Up Set Dior Star Foundation. VIP Concert Tickets & Meet & Greet with The Saturdays0 -
Yes, but if the debt is in another persons name, and that person dies, the debt dies with them, therefore again, it needs to go back to court to be removed.fairydiamond wrote: »So could she just pay Asset Link Capital in small payments and that will be ok? I think she would be happy to do that
They are still required to go back to court and request the courts permission to enforce the debt.fairydiamond wrote: »What would happen if she did nothing? They haven't done anything since 2002.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
All the paperwork is in her name and so was the original agreement.My Wins: £150 Next giftcard. Rimmel Lip Gloss, Benefit Lipstick and lipgloss. Rimmel Day2Night mascara. Elizabeth Arden Body Treatment Cream. Big Bang Theory T-shirt, Make Up Set, St Tropez Kit, Clipper Mug Tea Set, Rosie Project Book, Kwik Fit MOT. Benefit Make Up Set Dior Star Foundation. VIP Concert Tickets & Meet & Greet with The Saturdays0
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Hummm, let me get this right
She (In the property now) had a loan?
She defaulted on the loan?
The creditor issued legal proceedings against her, resulting in a charging order being placed on the property?
At the time the charging order was awarded, she was NOT listed with any assessts, i.e she was just living in her dad's house paying rent / board?
Am I correct?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Was she defintely not listed as a co owner on the property in 2002 as the creditor needs to prove ownership by way of land reg docs that they must file with the application for a charging order before it can be issued?
Can you get land reg docs to show the date that she was added as an owner? xxPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
Looking at the CCA, She was on it and her father was on it. They both signed it in 1996. I think the loan must have been in his name and her name second.
No idea about the charging order, it all happened without her even going to the court. No idea what happened.My Wins: £150 Next giftcard. Rimmel Lip Gloss, Benefit Lipstick and lipgloss. Rimmel Day2Night mascara. Elizabeth Arden Body Treatment Cream. Big Bang Theory T-shirt, Make Up Set, St Tropez Kit, Clipper Mug Tea Set, Rosie Project Book, Kwik Fit MOT. Benefit Make Up Set Dior Star Foundation. VIP Concert Tickets & Meet & Greet with The Saturdays0 -
Was she defintely not listed as a co owner on the property in 2002 as the creditor needs to prove ownership by way of land reg docs that they must file with the application for a charging order before it can be issued?
Can you get land reg docs to show the date that she was added as an owner? xx
She doesn't have the deeds or anything. It costs money to get them and she doesn't have any.My Wins: £150 Next giftcard. Rimmel Lip Gloss, Benefit Lipstick and lipgloss. Rimmel Day2Night mascara. Elizabeth Arden Body Treatment Cream. Big Bang Theory T-shirt, Make Up Set, St Tropez Kit, Clipper Mug Tea Set, Rosie Project Book, Kwik Fit MOT. Benefit Make Up Set Dior Star Foundation. VIP Concert Tickets & Meet & Greet with The Saturdays0 -
Sorry cross posted - its possible then that the Charging Order was originally against her father only if he was jointly liable for the debt xPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
OK, to condense the current situation these are her options
a) agree to a payment plan with the creditor
Or
b) Inform the creditor they must seek the courts approval to enforce the debt, the creditor must then explain to the court why it's taken them over 6 years to enforce the debt.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Sorry cross posted - its possible then that the Charging Order was originally against her father only if he was jointly liable for the debt x
Hmm thats interesting because there is no record of a CCJ on her credit report regarding this debt.My Wins: £150 Next giftcard. Rimmel Lip Gloss, Benefit Lipstick and lipgloss. Rimmel Day2Night mascara. Elizabeth Arden Body Treatment Cream. Big Bang Theory T-shirt, Make Up Set, St Tropez Kit, Clipper Mug Tea Set, Rosie Project Book, Kwik Fit MOT. Benefit Make Up Set Dior Star Foundation. VIP Concert Tickets & Meet & Greet with The Saturdays0
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