Charging Order? The myth

Land_Registry

Exactly and that is why the register is never the sole source re matters relevant to how the joint ownership is held.

DAKOTA45

eggbox wrote: »

It means both of these.

Yes… I have just spoken to the court and I have to make an application on form N244… why can't they just give me an answer to my question?! I thought the courts were supposed to be trying to save money...:mad:

eggbox

Dakota

Don't worry, you will get payback when you put in your fee remission (due to your circumstances) for the N244 application cost (they HATE having to approve these!)

DAKOTA45

eggbox wrote: »

Dakota

Don't worry, you will get payback when you put in your fee remission (due to your circumstances) for the N244 application cost (they HATE having to approve these!)

I know…

But it is for this very reason that my counterclaim was not taken into consideration… they had refused to accept my entitlement, saying the proof was 'out of date' and when I sent a more up to date letter from the DSS, they lost it… THEN my file was sent to a County Court in London by mistake and only sent back to the local Court days before the hearing… meaning that the Judge didn't get the documents in time, but instead of adjourning, he went ahead and put the CO on, telling me to pursue the JC as a separate issue!!… You couldn't make it up… and I am just wondering if there will be any justice at all before I drop dead from all the stress...

eggbox

Dakota

I have to say, in my experience of dealing with Court staff, most are unhelpful and add to the problems a lot of people (who have never come into contact with Court system previously) experience.

I had to recently help a newly, self employed (as he'd lost his job) person who kept having his fee remission papers sent back. His earnings were well under the limit required but as he only had a business account they were only looking at the incoming money and were refusing to look at the expenditure going out. His gross profit for his first year was just over £8500, but they accused him of earning over £30, 000 as they were refusing to take into his account his business expenditure?

It took a threat of reporting their behaviour to the MOJ to get them to, eventually, back down. Not good.

Taffybiker

eggbox wrote: »

I would also be inclined to investigate the point you made regarding your mortgage provider's actions in forcing a joint mortgage when you remortgaged? If it was for any other reason than affordability (which would have to be proved by them) then there may be a case to sue them for the position their actions have put you in now?

I made all the payments myself - right up to the time we separated and then I stopped and allowed arrears to build up. I was using this as a tool with the hope it would spur my ex on to moving elsewhere, which of course, she eventually did.
Then I restarted payments again along with extra for the arrears. It didn't do my credit score any good but it's all up to date again now.

DAKOTA45

eggbox wrote: »

Dakota

I have to say, in my experience of dealing with Court staff, most are unhelpful and add to the problems a lot of people (who have never come into contact with Court system previously) experience.

I had to recently help a newly, self employed (as he'd lost his job) person who kept having his fee remission papers sent back. His earnings were well under the limit required but as he only had a business account they were only looking at the incoming money and were refusing to look at the expenditure going out. His gross profit for his first year was just over £8500, but they accused him of earning over £30, 000 as they were refusing to take into his account his business expenditure?

It took a threat of reporting their behaviour to the MOJ to get them to, eventually, back down. Not good.

B*stards… but it sounds about right… they seem to get a kick out of being as difficult and unhelpful as possible, especially to LIPs… EVERYone should have access to Justice, but it seems only people with lots of money get anywhere… for the rest of us it's just a joke.

eggbox

Taffybiker wrote: »

I made all the payments myself - right up to the time we separated and then I stopped and allowed arrears to build up. I was using this as a tool with the hope it would spur my ex on to moving elsewhere, which of course, she eventually did.

Is contact with your ex a complete no no? Only asking as if she will sign a document to verify this was the case it will prove your interest was a greater share a lot easier?

Taffybiker

Its a definite no no. But hey, one thing at a time now methinks. I think the way forward is to make the LR transfer, then apply the Trust Deed. Follow this with the additional owner just before any intended sale. Should be good to go.

eggbox

Sound like a plan to me!