Charging Order? The myth

eggbox

A couple of possibilities,


The CO may have been made Final but just not registered on the Deeds. You should have been given Court papers to object to any FCO being applied for but, as we know, this isn't always the case.


But another reason, I believe, this happens is because a creditor knows that an Interim Charging Order does the same job as a Final CO, on jointly owned property, in having a Restriction registered on the debtors deeds.


A Final CO may sound more secure but, in practice on jointly owned properties, it isn't. The creditor can also only recover a small amount of its costs, by law, when pursuing a Final CO.


So they leave it at the ICO stage as its, more or less, doing the same job.

DAKOTA45

jmsc3511 wrote: »

Ok, it's becoming a bit clearer in my head now! I'm going to send the SEV form to Land Registry to change us to tenants in common as should have done that when we divorced anyway. That just seems to mean that if one of us dies it doesn't automatically go to the other (if he goes first I have the beneficial interest anyway or if I go first then our children inherit as part of my will, and one is grown up now thankfully). It can all seem so complicated.......


And then it still comes down to finding a good solicitor when I sell it seems. I've thought a few times that it'd be great if a solicitor went into business specialising in this, they'd have plenty of customers!!

I was told that when a restriction is placed on the property, you automatically become Tenants in Common… someone correct me if I'm wrong, please? D45

jmsc3511

I think there was a date for the Final CO but I can't find any papers in my file relating to this. The Final CO would have been made AFTER my consent order giving me beneficial interest (should have sent it to the courts at the time, but head was a bit of a mess). Because of that would the Final CO be invalid, can it be removed?

kalimai

Going through some old paperwork today I found some charging order court documents. After reading this thread I got a copy of our title deeds and found 4 Charging Order Restrictions on our house.

2 of them have been paid off and I understand I just need to write to the land registry to confirm this? Can anyone confirm this please?

The 3rd I will look to contact the creditor and see if I can make payments.

The 4th is from Bowater Zenith windows. Years ago we signed for some windows but failed the credit check. We said about asking my father in law to be a guarantor, but he refused. However they made the windows anyhow. They were never installed and we thought nothing more had happened. Clearly we were wrong. Does anyone know what we can do to get rid of this Restriction? Do we need to get a solicitor to fight the debt and then remove it? It was made on 9th Feb 2006 and we have no paperwork about the case at all.

Any advice greatly appreciated. Thanks

eggbox

jmsc3511 wrote: »

I think there was a date for the Final CO but I can't find any papers in my file relating to this. The Final CO would have been made AFTER my consent order giving me beneficial interest (should have sent it to the courts at the time, but head was a bit of a mess). Because of that would the Final CO be invalid, can it be removed?

Yes its very important to get this information to the Courts notice.



If you owned all the BI at the time the CO was granted, then the creditor had no right to pursue a CO on BI that didn't exist (your ex's)


The Court needs to be made aware of the error.

eggbox

2 of them have been paid off and I understand I just need to write to the land registry to confirm this? Can anyone confirm this please? Yes use Form RX3

The 3rd I will look to contact the creditor and see if I can make payments. Your choice, but if there is no interest being added to the debt I would put the payments into an account attracting some sort of interest as it can be paid anytime later if you still wish to do so

The 4th is from Bowater Zenith windows. Years ago we signed for some windows but failed the credit check. We said about asking my father in law to be a guarantor, but he refused. However they made the windows anyhow. They were never installed and we thought nothing more had happened. Clearly we were wrong. Does anyone know what we can do to get rid of this Restriction? Do we need to get a solicitor to fight the debt and then remove it? It was made on 9th Feb 2006 and we have no paperwork about the case at all. This is a strange one? To obtain a CO the creditor would need to have secured a CCJ - were you notified of this? If you can prove you weren't notified, then this is your first action in making an application to set aside the original CCJ on the basis you had no opportunity to defend. You, obviously, also have grounds to set aside the CCJ as the goods were never received? But you need to discover on what basis the claim was made? So I would send BZ a Subject Access Request to see what details they have regarding the debt? Whilst a SAR, usually, only turns up data recorded in the past 6 years, it's reasonable to assume they have kept records of your contract as they pursued Judgement on the debt. You should also apply to the Court where the Judgement was made to see on what basis they issued the claim? Once you have these details you can decide how best to proceed. It may be just a case of informing BZ they have made an error and invite them to set aside the CCJ themselves? More likely, however, you will have to proceed with Court Action but you need the above info to know how best to proceed with that.

kalimai

Hi eggbox, thank you for the advice. If we had a CCJ I don't recall it, we were pretty disorganised back then and tended to stick our heads in the sand if something bad came along.

I'll do as you suggest with the SAR's. Hopefully we can then find out the details and have a better idea of where to go.

karma2015

Hi i have a Charging Order on my property ( or so the creditors solictors tells me)
But i have checked with trustonline.org. where CCJs are registered and there i nothing on there.
I have searched on Land Registry and a interim order was place end of 2014.It is joint mortgage and joint debt. And would like to sell property and have been reading through thread.
So if no CCJ then there can be no Charging Order

eggbox

Karma 2015


Unfortunately, the registration of CCJ's on organisations like trustonline.org cannot be guaranteed.


A creditor, also, would not be allowed to apply for a CO without the Court verifying a CCJ had been obtained.


So its probably a non registration matter rather than a non CCJ matter that needs to be checked?

KDPR25

Hi all, i appreciate this is an old thread, but here goes.

in 2005 i got a court letter saying charging order had been put on my current property. jointly owned 2 people unmarried. The charge order related to a debt of 40k on a house/mortgage with BBingley that was voluntary handed back in 1996 after a divorce. house was bought for £6k less than the charge order, and no doubt they resold it so how i can owe more than i borrowed.

Anyway, have i got a legal charge order placing a 2nd charge on my property that will force pay £40k and prevent me borrowing additional on my current house or is this a notice only which means they dont get a penny

cheers