Charging Order? The myth

DAKOTA45

eggbox wrote: »

Dakota

If you still feel strongly about how you were treated you could try contacting the MOJ to explain the circumstances that occurred. Ultimately, though, I suspect you would need to be properly represented and that costs money you say you can't, currently, afford?

And I was referring to getting divorced as a way of legally transferring equity and not separating permanently from your partner.

Haha! Yes… I know! But would we would need to get divorced before selling, presumably…?

DAKOTA45

eggbox wrote: »

Dakota

If you still feel strongly about how you were treated you could try contacting the MOJ to explain the circumstances that occurred. Ultimately, though, I suspect you would need to be properly represented and that costs money you say you can't, currently, afford?

And I was referring to getting divorced as a way of legally transferring equity and not separating permanently from your partner.

It's always about the money… why is there no access to justice for the poor? I would probably have a good case under article 6 of the European Court of Human Rights.
I did bring the unfairness issue to the Judge's attention after the trial but he wrote back; "although it was obvious that Mrs XXXX was hard of hearing, she seemed to cope well during proceedings"… the thing is, I managed to get a copy of the court transcript afterwards and there were many places where, had I been able to hear, I would have argued the point made against me.:(

eggbox

DAKOTA45 wrote: »

It's always about the money… why is there no access to justice for the poor? (

Because its expensive and a low priority to the Government - hence the recent Legal Aid cuts.

DAKOTA45 wrote: »

the thing is, I managed to get a copy of the court transcript afterwards and there were many places where, had I been able to hear, I would have argued the point made against me.:(

It is hard to understand why the Judge acted as he did given your disadvantage? If you have a copy of the transcript I'd certainly make a complaint to the MOJ about how you were treated.

Enterprise_1701C

eggbox wrote: »

If they are denying it was settled, and you have no proof it was, then you seem to have a problem? Unfortunately, if you didn't ensure the CO was removed at the time you say the debt was settled then you may have to take your case to the Financial Ombudsman.

And if the debt was settled in the last six years I would advise you to make a Subject Access Request to them which will provide you with a record of all your dealings with them.

Hopefully, you have (or can get) a record of the payment made to the creditor?

Thought as much Unfortunately when we settled it we did not know there was a charging order with reference to the debt.

It was a long time ago and we are currently searching for a lot of documents we are fairly certain are in the loft.

It was with Barclays and we had a lot of trouble with them making matters worse and worse. They did not tell us they had taken out a charging order and we only found out when we tried to remortgage some years ago. For various reasons we have only just been able to start sorting the stuff in the loft.

eggbox

Enterprise_1701C wrote: »

They did not tell us they had taken out a charging order and we only found out when we tried to remortgage some years ago.

Is the debt against both of you or just one of the owners?

DAKOTA45

eggbox wrote: »

Because its expensive and a low priority to the Government - hence the recent Legal Aid cuts.



It is hard to understand why the Judge acted as he did given your disadvantage? If you have a copy of the transcript I'd certainly make a complaint to the MOJ about how you were treated.

I have no idea… perhaps he thought I was lying about being deaf… I told him I was on the waiting list for two hearing aids, so he then asked how long I expected to wait & I said as it was the NHS, I had no idea… So then he said he wasn't prepared to adjourn for an indefinite period and that he would ask everyone to speak loudly…

Enterprise_1701C

eggbox wrote: »

Is the debt against both of you or just one of the owners?

That is another thing we are struggling to discover, we believe it was against only one of us.

eggbox

You need to check you Land Registry deeds which you can now do online for a small fee.

You will be able to see what is registered there and who it is against.

kenchov1

I own my property with my wife...well we have 35k left on mortgage and property is worth 90k

I have a blackhorse debt for 9k that is a charging order (but I guess it's a restriction as it's in myname and the property is joint owned)

Can they force saLe on this for non monthly payment?

eggbox

They can't "force" a sale, they can only apply to a Court for an Order For Sale. A quick search of the internet, however, will show you that this action is virtually never done as Court's have discretion over whether to grant an OFS and are extremely reluctant to do so (certainly in relation to consumer credit debt.)

If you are threatened by a creditor saying they will apply for an OFS it is almost certain they are trying to panic you into coughing up money. A read of this thread will show you that creditors who have tried this have accepted as little as £1 a month rather than proceed to Court (which should explain how difficult an OFS is to obtain.)

As also explained in the thread, there are also caselaw protections in place for primary and family homes that a creditor would have to overcome to achieve a sale. So any threat of this happening is almost certainly a "bargaining" ploy from the creditor and should be treated as such.