Charging Order? The myth

iwillgetthereintheend · 17 July 2011 at 8:49PM

thank you so much. Its a scenario that might happen to me very soon and its fate i see this thread as i assumed it had to settled before completion and that it would be a "charging order!!"

Now my job is to find a solicitor who knows about restriction and charging order differences.......:)

thechippy · 17 July 2011 at 10:25PM

iwillgetthereintheend wrote: »

thank you so much. Its a scenario that might happen to me very soon and its fate i see this thread as i assumed it had to settled before completion and that it would be a "charging order!!"

Now my job is to find a solicitor who knows about restriction and charging order differences.......:)

Yep,

Make that your priority....:D

iwillgetthereintheend · 18 July 2011 at 1:28AM

Hmmm, another question.....still referring to sole debt, joint ownership

can the creditor alter the wording of a restriction to benefit them to prevent a sale (or basically get there money one way or another through the sale proceeds)? can a "certificate of notification" be signed on day of completion or even after? (as i assume this 14 days rule no longer exists since 2003).....

Sparklyfairy · 18 July 2011 at 10:02AM

Hi there. The wording on the Restriction comes from the Land Registry & not from the creditor & is a standard-worded document. They are not able to alter the wording at all.

Yes, the 14 day rule no longer exists

Please let us know how you get on with your search for a knowledgable solicitor - it may take some time...

iwillgetthereintheend · 18 July 2011 at 2:48PM

than you again for the clarification! i will indeed!

iwillgetthereintheend · 18 July 2011 at 6:48PM

I spoke to land registry today and they confirm that a charging order "cannot" be placed on a jointly owned property (with sole debt) and only a "restriction", although it is referred to as a "charging order!" its in fact just a restriction....how very misleading.........

Sparklyfairy · 18 July 2011 at 7:37PM

YES - totally! When I originally read this thread I felt the weight of the word rise off my shoulders...

iwillgetthereintheend · 18 July 2011 at 10:16PM

very informative thread indeed!!

harisumo · 19 July 2011 at 12:52PM

I have read this thread over the last couple of days, myself having had a long nightmare with NR who are renowned for hasty court actions and charging orders, I have had many a sleepless night and been worried sick over it all. This thread and the information in it have brought me great relief and I have been able to sleep at night again. Many many thanks!!

makesense_11 · 19 July 2011 at 10:38PM

i have recieved a charging order and the debt is in my name and the house if in joint name (mortgaged with no equity) Can they apply for a charging order and is there a letter I can send them before I go to court as mine is from a couple of missed payments on a ccj. And another thnig do i need to go to court or can i write to them .