CCA ,s taken to court ???

stapeley

Hi, as you may know I have a very long thread going about CCA ,s . It has now become hard to find certain cases for reference . Could anyone who has been through the court process or had a court summons etc please relate your experience . This will be a great help for those facing this threat . Thank you .

blueback

I have two experiences of which one went to court and the other is currently being investigated by the Police.

The court case was Northern Rock, where they suceeded in getting a charging order on the house. They were nasty and vicious in their attempt to get their money back. Game up I thought, 15000 gonna be taken out of my equity.

I decided that the best thing to do was to sell up and let NR get their 15k and use anything left to start a fresh.

However, my solicitor was brilliant and told me not to worry about the Charging Order as the legal process in selling the house does not require the solicitor to inform any party with an interest in the property of its intended sale until a completion date is agreed. As this is normally only a couple of weeks beforehand the other parties do not have time to react in order to claim their money.

She explained that anyone with a charging order has to claim the money through legal process and does not receive it automatically through the proceeds. The Charging Order then becomes void and drops away on completion as the order was against me and I do not have any interest in the property anymore

As I had already resigned myself to having the 15k taken anyway it was a nice surprise to know that I wouldnt lose a penny.

Due process followed and on completion date the proceeds were transferred to my account and I was still fully expecting a 15k deduction when I checked but there it was, the full amount of the proceeds less the solicitors costs.

I gave the solicitor £500 as a big thankyou. I sent Northern Rock a big smiley and a copy of my bank balance

It makes me sad that so many people are living in homes with CO's on them scared or not willing to move because they believe, like I did that they will lose equity.

I wish a professional solicitor would confirm the full process when selling houses with CO's on them so at least the people on here could realise the facts and make decisions on them.

---

The pending case is a credit card company that refuses to send anything other than a constructed agreement claiming it to be an executed agreement.

This is a clear misrepresentation of the Act and I therefore, made a complaint against them for Fraud under the Fraud Act (2006) and the Police are currently investigating this.


I hope this helps

blueback

guys this is really important for anyone trapped or facing a CO because it does not mean you are trapped in your house.

Use the info and just ask your solicitor if you want to sell your house

They will not get your money honestly

longshot

blueback - i am very interested reading this. I am a little surprised
on how you could sell without their knowledge - are you sure they
won't come after the cash - it sounds too easy?

i own a house + family ....i am looking at going bankrupt but
keeping the house as no equity left.

i'm presuming i could have a charging order too.

debtman2007

Im confused, they cant claim a penny? What is the point of obtaining a charging order

longshot

i have just read usually they put a mark against your property
indicating you owe money.

your solicitor could be breaking the law -

i can't see the point of them doing it if you just sell up,

i personally would be careful as it could be a prosecuted offence

ie prison.

blueback

I checked it out with another solicitor before proceeding.

The C Order is registered with the Land Registry and it is only when the Land Registry is notified of the completion date that they in turn have to notify the company with the c order.

That company then has to 'claim' their entitlement from the Land Registry before the completion otherwise once the property is signed over to the new owners the C/order falls away as there is no longer any link between the debtor and the property.

This is a timing issue not a legal one. Of course, some companies would act straight away to claim their money, but as my solicitor stated, they had rarely come across any company that reacted quickly enough.

And for clarity, NR know my present address and added a CCJ to my file,but they have not been able to do a single thing about the CO because it no longer exists and this was 3 years ago now.

Now I am not a Solicitor and would not recomend anybody do anything without checking it out first. So if anyone finds themselves in a similar situation then all you have to do is ask them.

Too many creditors are turning unsecured debt into secured debt by way of Charging Orders and this is a legitimate way of sticking a finger in the air to them.

Hope this helps

TellTheTruth_2

blueback wrote: »

I checked it out with another solicitor before proceeding.

The C Order is registered with the Land Registry and it is only when the Land Registry is notified of the completion date that they in turn have to notify the company with the c order.

That company then has to 'claim' their entitlement from the Land Registry before the completion otherwise once the property is signed over to the new owners the C/order falls away as there is no longer any link between the debtor and the property.

This is a timing issue not a legal one. Of course, some companies would act straight away to claim their money, but as my solicitor stated, they had rarely come across any company that reacted quickly enough.

And for clarity, NR know my present address and added a CCJ to my file,but they have not been able to do a single thing about the CO because it no longer exists and this was 3 years ago now.

Now I am not a Solicitor and would not recomend anybody do anything without checking it out first. So if anyone finds themselves in a similar situation then all you have to do is ask them.

Too many creditors are turning unsecured debt into secured debt by way of Charging Orders and this is a legitimate way of sticking a finger in the air to them.

Hope this helps

Well, I had a Charging Order on a persons property for money owed and I got my money.

So effectively, what you are saying is that I can go and buy a £250,000 house. The lender will put a charge on the property for the mortgage. I sell the house and I can pocket the money and the lender will get nothing. This being because the Land Registry will only notify the lender after the completion of the sale!!!!!! Nice one but I do not think it works that way. As already said, be careful as you may be liable to prosecution. Any property being sold, checks are made at the Land Registry and your solicitor would have known that there was a Charging Order attached to it. A Charging Order is issued by a Court and the solicitor is bound by that Order to enforce as per the Court ruling and from what I have learnt, no transfer of the property can come into effect until all monies owed are discharged. i.e. Discharge of the Charging Order.

blueback

I have read and read and cant find anything that agrees with my version of events, but it happened and the Solicitor is still trading.

The courts, the creditor, the purchasers and theirs and my solititors all know where I am and I am sure that if anything that was done that was illegal after 3 years somrthing woulkd have been done to recover.

My solicitor contacted the vendors and vice verca and must have given some undertaking that the creditor would be notified of the completion date - it is at that point the creditor has to do something to get the money (so I was told) and they didnt so I received the full proceeds.

I will contact them again and try and clarify the process used in order to avoid the repayment of any charge because as you say the settlement of these orders does seem automatic

Any solicitors out there?

TellTheTruth_2

blueback wrote: »

I have read and read and cant find anything that agrees with my version of events, but it happened and the Solicitor is still trading.

A solicitor is a person licensed by Law to listen a lot, question everything and never give anything out. I have had runnings with solicitors that would make the normal person shudder with fright. Just because he has a title does not mean he is an angel.

blueback wrote: »

My solicitor contacted the vendors and vice verca and must have given some undertaking that the creditor would be notified of the completion date - it is at that point the creditor has to do something to get the money (so I was told) and they didnt so I received the full proceeds.

I will contact them again and try and clarify the process used in order to avoid the repayment of any charge because as you say the settlement of these orders does seem automatic

Any solicitors out there?

IF your solicitor acted properly then do NOT contact them again. At the end of the day, you had a solicitor acting on your behalf and you acted as per his information. You NEVER instructed the solicitor to not notify the people who had the Charging Order. Hence, let them chase you if need be. But do not be a fool and go around showing you have the money. Hide it. If they come after you 3 years later then it was their fault and go for a No Interest payment plan. Something like £4 a month LOL.
Nick Smith

blueback

So I have found the answer, if the house is in joint names they can only register a restriction, not a charge. What this means is that when you come to sell your house the only requirement is for your solicitor to notify them of the completion date, they are not obliged to pay them out of the sale proceeds.
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 /I]an interim[I /I]a final[I 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