Charging Order? The myth

DAKOTA45

This is from the Land registry website… D45

We sometimes get asked whether people can do their own conveyancing. The short answer is yes you can, and we do provide some procedural guidance on what’s involved, such as how to complete a transfer form and what to do when a property owner dies. However, if you are considering doing some DIY conveyancing, it’s very important to be aware of a few things.

There is a lot more to the conveyancing process than just completing and sending us Land Registry forms. Very often, there are also searches and other formal enquiries to be carried out before a transaction can take place safely. If these aren’t done properly, or if they’re not done at all, then big problems can arise after a transaction has happened. For example, someone other than the current owner might have an existing interest in the property that might only come to light afterwards.
Also, depending on the type of transaction, there can be quite a lot of legal and financial aspects that will need to be covered in the preparation of the documents. These may not be part of the standard forms.
If you’re a DIY conveyancer, all parties involved may have to get their identities verified before an application can be made to us to register the transaction. If you’re using a solicitor, they will take care of this.
If the transaction involves a mortgage, it’s almost certain that the lender will insist that a solicitor is used for the conveyancing.
If you do your own conveyancing and something goes wrong, then normally you’ll have no cover. If you use a professional conveyancer, you’ll be covered by their professional insurance.
This is why the vast majority of land transactions are handled by professional conveyancers, like solicitors. Land Registry is no substitute for the professional advice and support they can give. We can only give advice about our processes.

- See more at: http://blog.landregistry.gov.uk/conveyancing-solicitor-or-diy/#sthash.sJ8dU7nX.dpuf

eggbox

DAKOTA45 wrote: »

Yeah…fed up with fighting the court when they are so obviously against me…
So the court issues them with the claim & response pack, and then they get 14 days to acknowledge service, then another 2 weeks to serve a defence, is that correct?

D45

It's 14 + 5 days for service to acknowledge the claim.

DAKOTA45

eggbox wrote: »

It's 14 + 5 days for service to acknowledge the claim.

Many thanks! That's from date of issue? (5th July)…I guess the court will let me know when they have acknowledged... D45

DAKOTA45

Eggbox…. I'm a bit confused… could you please explain 14+5….if it's 14 days to acknowledge, what are the other 5 days for? Sorry…brain fog… blame it on the heat! D45

eggbox

The 5 days is the allowed service of documents period (or the time allowed for the post to arrive)

DAKOTA45

eggbox wrote: »

The 5 days is the allowed service of documents period (or the time allowed for the post to arrive)

D'oh!! Silly me… of course it is... Thank you! So, not counting the day of issue, I should hear back from the court by next Monday, the 24th, hopefully….Do you know what happens if they fail to acknowledge the claim?
D45

eggbox

You can request Judgement by default. But I would leave it a few days after the allowed time has passed before requesting Judgement as often the court office is behind on the post and if an acknowledgement has been filed last minute it will take priority over your judgement request.

So waiting a few days after the allowed time ensures everything is clear for you to request Judgement.

locochocolatecoco

Hi hope you guys can help as I am in a bit of a pickle! in short with the collapse of my husbands business he ended up with some debts that he neglected to inform me of that he thought he could handle, in his wisdom, on his own while I was pregnant and the first 6 months after. Anyway we have been on the straight and narrow since the "own up" and have been dealing with matters as they come through our door. He ended up with one final charging order on our house of which was finally dealt with last month. Here's the issue... a letter has come through the door this morning in his name showing prospective costings for the order of sale hearing this friday with a company called rentsmart!!! Now I open all the post (his and mine) and I was aware they were a debt of his but completely unaware that it was this far down the line... It leaves us little time to get advice. No one can see me until next week and I'm away Friday in Scotland for a family matter!! Is there anyway I can block or postpone this hearing on friday? The odd thing is with this one is that even though i'm on the mortgage as a joint owner and land registry, I havent been notified once of this order on my house I joint own, (I put the full deposit down on the house for goodness sake!). We have this morning got all the paperwork emailed to us off DWF (rentsmarts solicitors). No where in any of the paperwork have I been addressed to from DWF or the courts??? With the other charging order we just sorted out my name was on everything I got duplicates of everything sent directly to me in my name I believe because I was joint owner and it was in my interest? Will this give me any leverage to postpone this friday hearing date? I was thinking of writing a letter from me personally to say I haven't been informed of the situation? Many Thanks Faye

eggbox

Locochocolatecoco

The first thing to remember is that just because somebody applies for an order for sale it in no way implies that they are going to gain the OFS. If the house is jointly owned and is your primary residence and/or you have children then it is virtually impossible for the creditor to gain an order for sale.

But do contact the court to explain you have not been notified of this action and asked for it to be postponed to enable you to get the proper legal representation .

locochocolatecoco

eggbox wrote: »

Locochocolatecoco

The first thing to remember is that just because somebody applies for an order for sale it in no way implies that they are going to gain the OFS. If the house is jointly owned and is your primary residence and/or you have children then it is virtually impossible for the creditor to gain an order for sale.

But do contact the court to explain you have not been notified of this action and asked for it to be postponed to enable you to get the proper legal representation .

Thank-you eggbox. Ive been reading mixed statements over the matter and there is very little information about on the stage we are at with this. We have pretty much got everything in line now but occasionally we get things creeping up out of the woodwork!!

So in short I'm going to write a letter to the court and a copy to DWF saying I haven't been informed of the situation this is in and havent had time to prepare/seek legal advice. I'll get it into the post this afternoon recorded. My husband is going to attend Friday anyway in case the hearing goes ahead hopefully though it will get postponed.

This is our only home and we have 2 children in the schools locally aged 3 and 8. Its still ultimately scary getting letters like this saying something both me and my husband work our butts off for could be taken away!