Charging Order? The myth

eggbox

Distracted

Firstly, a creditor can use any or all enforcement methods available once they obtain a CCJ.

An AOE is rare where a CO has been obtained but if nothing is being repaid then the lower end of the pond scum DCA's tend to send them out.

And be aware that your wife is legally required to fill in the form and, if a Court does decide she should have to repay an amount (even a £1 a month), then you wife's employer will be contacted by the Court to deduct the payment from her wages.

AOE's, however, cannot be enforced on debtors who are Self Employed so there may be a solution for you

Laram

My seller has a restriction that has been paid but was never lifted. My solicitor has written confirmation it's been paid but still wants this lifted before they will let me complete. I'm on a deadline as this has taken over 7 months!

Is there anything either my seller,myself, solicitor could do? My seller has gone back to Cabot financial who bought the debt from another company when they went into liquidation! They say they can get the restriction lifted but gave no timescales!

Your help would be appreciated as I am tearing my hair out here.

Land_Registry

Laram - our Practice Guide 19 explains how restrictions can be withdrawn (by the beneficiary) or cancelled (someone else)

Your solicitor should know if the letter of confirmation is sufficient to lodge in support of an application to cancel. I suspect it's not hence waiting for the beneficiary (creditor) to do it.

Letting them apply to withdraw it is invariably the easier way to go but of course can mean timescales are a bit sketchy as a result and you probably don't want to press them on it.

If you want to email us to see if they have submitted an application to remove it then you can and we can take a look

eggbox

Laram wrote: »

My seller has a restriction that has been paid but was never lifted. My solicitor has written confirmation it's been paid but still wants this lifted before they will let me complete. I'm on a deadline as this has taken over 7 months!

Land Registry Rep has explained the procedure for removal of the Restriction. However, your Solicitor should also know the Restriction will be removed upon sale as it will be overreached so its him/her that has been holding up the sale?


Remember your Solicitor is being paid by YOU to act on your behalf, so he/she should carry out your instructions to proceed with the sale if you want that to happen.

Land_Registry

eggbox - I wasn't too sure whether Laram was referring to a form K or perhaps another type of restriction hence my slightly wider more general response.

Hopefully Laram will return to confirm/advise

eggbox

Hi, LRR I'm pretty certain it would given this thread is aimed at that type of Restriction?


And what's this I hear about the Land Registry being considered for privatisation?


Will there be a thinning of the herd if that happens?

DAKOTA45

eggbox wrote: »

Hi, LRR I'm pretty certain it would given this thread is aimed at that type of Restriction?


And what's this I hear about the Land Registry being considered for privatisation?


Will there be a thinning of the herd if that happens?

Not a good thing… will lead to all sorts of shenanigans… D45:(

Distracted

eggbox wrote: »

Distracted

Firstly, a creditor can use any or all enforcement methods available once they obtain a CCJ.

An AOE is rare where a CO has been obtained but if nothing is being repaid then the lower end of the pond scum DCA's tend to send them out.

And be aware that your wife is legally required to fill in the form and, if a Court does decide she should have to repay an amount (even a £1 a month), then you wife's employer will be contacted by the Court to deduct the payment from her wages.

AOE's, however, cannot be enforced on debtors who are Self Employed so there may be a solution for you

Thanks Eggbox - I've had a look at them myself and as my wife is currently on the sick due to recovering from Breast cancer, they will be unable to claim anything, which should give us some time at least.

She got in contact with her ex partner who has had no letters chasing him - it just doesn't seem right, I know in the eyes of the Contract they are equally culpable but the situation was created by his unreasonable behaviour and refusal to move out, sell or even stop taking the money out of the joint bank account before the mortgage payments went out.

This debt has plagued my wife and our family for long enough. I think, next year when I've cleared my Credit Cards down, I will try to scrape together a loan to offer them an amount to repay and leave my wife and our home alone.

eggbox

Distracted


Unless there is interest being added to the CO debt then I would just forget about it.

The AOE's letter has arrived purely as some guber at the DCA has recently reviewed your file and is looking for a way to extract something for the creditor.

You will see on this thread people being threatened by DCA's with an Order For Sale even to the point of sending out valuation letters. But it's purely a tactic to intimidate and unnerve people into thinking something more drastic will happen if they don't settle the debt.

A search of this thread and google will show you nothing will happen due to the extreme difficulty of obtaining an OFS on a family home.

I know the fact the debt is there is an irritation (and the fact its jointly owned and the other half is getting off scot free adds to that) but try not to let it dominate your life.

Khealy43

Hi,

I'm not sure if this is the right thread to put this on but il give it a go as I've tried everything else. I have a restriction on my property which was put on by my father and I didn't realise until I tried to put my partner on the mortgage and land reistry say I need his consent to do so even though the mortgage company approved this. I now want to sell my house and pay my father back his money but again my father isn't signing the forms to do so (we no longer speak) my solicitors patience is wearing thin as she has tried to get in touch with him and wrote to him and he is just ignoring her and me and now even his own solicitor! last week she applied to have it dis applied because he is ignoring everyone and has already dragged it out for 8 weeks he is being totally unreasonable. I am worried he could stop the sale from proceeding but what person wouldn't want their money back?? Is there anything else I can possibly do as I really want to sell up and give him his money so he is out of my life it's really stressing me out. Any advice or help would be great, sorry if this is not the right place for this to be posted to