Charging Order? The myth

eggbox

No problem!

DAKOTA45

Well, I sent the claim off and I was just checking to see if the defendant has received it, and it seems the postman has left it with a neighbour… so is this deemed 'served', do you think? D45

eggbox

DAKOTA45 wrote: »

Well, I sent the claim off and I was just checking to see if the defendant has received it, and it seems the postman has left it with a neighbour… so is this deemed 'served', do you think? D45

Was it sent recorded delivery?

DAKOTA45

eggbox wrote: »

Was it sent recorded delivery?

Special Delivery… more than £6!! :mad: D45

DAKOTA45

Oh yeah… and he is thick as thieves with this woman… she is the one he bribed to perjure herself at court with the promise of the land if she lied for him… God knows what they will get up to now she has the documents!
D45

DAKOTA45

I must be under some great bloody cloud, like Unlucky Alf!!

Oh well… I don't have to prove that he received it, anyway… just that I sent it… I have the tracker receipt with his address on it, and have posted my certificate of service to the court…It's a waiting game now...D45

eggbox

Yes that's all you can do and I think its unlikely she won't have passed on the mail being a signed for delivery. Good luck!

eggbox

An interesting read HERE from a Law Firm relating a Court ruling that transferring a property does not "overreach" a Restriction.

However, the last 2 paragraphs reinforce the fact that a standard Form K gives the creditor very poor security as a sale for "value" will overreach the Form K Restriction leaving the creditor (in their words)
"with the only real option of pursuing the debtor for the proceeds of the transaction"

The article (which is written for the benefit of creditors) highlights the fact that there is no legal obligation to hand over the proceeds to a creditor upon sale and which can be explained to naysay Solicitors/Conveyancers ready and willing to hand over their clients money when under no obligation to do so.

weimimamma

Hi New on here have read some of this thread with interest, thought may be easier to post with some background info and ask for advice. My husband has been taken to court for a £60k debt, and was given 14 days to pay, which we did not have the funds to do, we have taken the N245 court to the form to ask for monthly instalments and are waiting the response which I am sure will be declined. We have been going through this for around 3/4 years with solicitors involved and offered numerous times to pay be instalments which would have been more or less paid off now if it had been accepted intact they did take one payment but changed their minds! and said wanted all the money. So court fees and interest later are are where we are. We have a joint mortgage and this has interim charging orders on it which I am trying to ascertain the exact amounts remaining on these (any suggestions on quickest way to obtain this info would be appreciated) I have a copy of our land registry docs which have a few charging orders listed but when I did a credit check most of them did not appear so not sure what that means? We are not adverse to selling our jointly owned property to pay off our mortgage and charging orders but this will not leave enough equity to pay off this debt so not sure what there next move will be or the best way forward for us. Bit messy but any suggestions or advice greatly appreciated TIA

DAKOTA45

Hmmm… surely if they took even one payment, they had entered into a formal agreement and by changing their minds, have breached the contract… Not sure, but have you asked a solicitor about it? D45