Charging Order? The myth

traceydc49

Hi again, CO about 3 years ago, just terrified my £1 token payment isn't enough & they will force me to raise it off home, hubby my carer, very low income, no chance of a loan, remortgage, nothing.

DAKOTA45

Melanie_Fleming wrote: »

No its not just Northern Rock

Any creditor that uses the charging order route to change an unsecured debt into a secured debt is not fully securing their debt if the land is owned jointly.

As long as the conveyencor provides notice to the creditor and gives an undertaking to the purchasers solicitor that the creditor has been notified and that the restriction will become void on purchase, they are fulfilling the law and as stated above, it is then upto the creditor to act before completion takes place.

To give a false undertaking to another solicitor is a serious offence and therefore, all solicitors will duly complete the transaction based on any undertaking given by a fellow solicitor.

A creditor rarely has time to act before the signatures are made.

Remember I am not a solicitor and you should confirm this with one before starting the process, but it is all there on the Land Registry website

Hope this helps
Thanks

I suppose it is sometimes possible to exchange contracts and complete on the same day… especially where there is an uncomplicated sale with a cash purchaser...

DAKOTA45

traceydc49 wrote: »

Hi again, CO about 3 years ago, just terrified my £1 token payment isn't enough & they will force me to raise it off home, hubby my carer, very low income, no chance of a loan, remortgage, nothing.

Hopefully they will have to accept what is offered… Given your circumstances it is really unlikely that they would force a sale… Please try not to worry...very good luck and let us know how it goes, please!

traceydc49

Thank you Dakota, & all the luck to you too, really hope you will sort something out, let us know how your doing as well!!!!! Tracey

DAKOTA45

traceydc49 wrote: »

Hi Dakota, reading your post has really upset me! Not only my own fear, but for you! Had heard they were callous. I was looking for the article in relation to them 'bemoaning' the COs are not a safe guard for them to get their money, & I came across their support of certain charities, 1 of which is an MS 1!!! I was contemplating a letter to appeal to their nicer side & maybe accept a reduced F&F, I don't think I'm going to get very far. I wish you all the luck, for both of us & anyone else up against them, really hope you will get it sorted, take care

Many thanks! I have been waiting for the courts to show some compassion and allow me access to justice… I don't have a debt as such… this is legal costs owed to a neighbour when I tried to register a tiny strip of land he had stolen from me!! Of course, he has done his research and found the henchmen known as Blake Lapthorn to do his dirty deeds for him… The costs were awarded when I withdrew from the trial because as a deaf person trying to represent myself, the judge refused to adjourn when the hearing loop failed to work, denying me the right to a fair hearing… honestly, if I told you everything, you'd probably not believe it.

FOUR years and counting… taking meds for anxiety now.

At least we have friends on here… take care!! x

traceydc49

They should be named & shamed, obviously 'little' people don't count, charity work is a front to cover their dirty deeds. The devil takes many forms!!!

eggbox

Hi Dakota


Blake Lapthorne may be viewed as very nasty but they have no more power than any other creditor. It's also their tactics wthat have made you ill, not what they are able to do. (That's why it's important to not use the phrase the creditor can "force" a sale as they can't. They can only apply for a forced sale which, as I explained, are extremely rare and instances where they are granted tend to be mainly where couples have split (and one person doesn't want to sell the property)


Your counter claim against your neighbour seems very valid. However, with anything legal the onus is on being able to prove it in Court?

DAKOTA45

eggbox wrote: »

Hi Dakota


Blake Lapthorne may be viewed as very nasty but they have no more power than any other creditor. It's also their tactics wthat have made you ill, not what they are able to do. (That's why it's important to not use the phrase the creditor can "force" a sale as they can't. They can only apply for a forced sale which, as I explained, are extremely rare and instances where they are granted tend to be mainly where couples have split (and one person doesn't want to sell the property)


Your counter claim against your neighbour seems very valid. However, with anything legal the onus is on being able to prove it in Court?

Hi Eggbox… Yes, I am able to prove it in court… I have all sorts of evidence from the prospective buyer and from our estate agent…

I tried to counterclaim at the hearing for the FCO and there was maladministration by the court in that they did not issue the counterclaim, saying that I had not paid a court fee. I am exempt from fees due to my low income. I was not aware of this until two days before the hearing or of the fact that Blake Lapthorne had made an application to the judge to strike out. The judge disregarded my counterclaim. I am wondering whether to make a complaint about the court but I am so worn down by it all… I am a gibbering wreck most days and not able to draft complicated documents of law...
And so the web becomes ever more tangled….:(

Dakota45

eggbox

I know its difficult (and expensive), Dakota, but you should really be suing your neighbour for the loss he incurred you by preventing your sale.


You need to keep your actions a little bit simpler and a bit more direct. You should be able to get 30 mins free advice from A solicitor and, if you have the evidence as you say, you may find someone willing to take it on a no win no fee basis.


It could also work out that if your evidence is as irrefutable as you say, that your neighbour may well prefer to settle out if Court? A letter to the MOJ may well help with what you say regarding your application being refused.

JAS2015

Thank you Eggbox!
Can i just ask what is the best way of opposing this new restriction or is it a "done deal"?
Thanks again