Charging Order? The myth

eggbox

Have you applied for Judgement yet Dakota?

fatbelly

DAKOTA45 wrote: »

They can get a CO for a debt of £1,000… seems all wrong to me. D45

There's no lower limit for a charging order.

The 1k limit is for an order for sale. Before April 2013 there was no lower limit. Now there is.

stayhappy

Hi KID77
The CCJ was about 15 months ago and we have kept up to date with the agreed payments.
It is Reston's on behalf of Cabot.
We cannot afford to settle, and the one time I rang them about the payments to check I was paying the correct place they were extremely unfriendly!

DAKOTA45

eggbox wrote: »

Have you applied for Judgement yet Dakota?

Hi Eggbox… Yes, sent the request on the 30th August, as he should have acknowledged by 23rd and I have heard nothing from the Court yet.

But yesterday I received a letter from his solicitor to say that they would be acting for him, signed and dated 31st August…

Does this count as an acknowledgement, even though it was 9 days too late?

I wonder what they are up to….:(

D45

DAKOTA45

stayhappy wrote: »

Hi KID77
The CCJ was about 15 months ago and we have kept up to date with the agreed payments.
It is Reston's on behalf of Cabot.
We cannot afford to settle, and the one time I rang them about the payments to check I was paying the correct place they were extremely unfriendly!

Personally, I'd never phone them… you need everything in writing.

D45

eggbox

stayhappy

Restons are a particularly, and deliberately, vile firm who my ex had the pleasure of dealing with for her CO. They specialise in intimidation and are well known for trying to mislead debtors into paying a higher repayment.

A tactic they often use is to send you a valuation letter of your property saying they have no alternative but to apply for an OFS as your repayment is not sufficient. They tried this with my ex but they still accepted £1 a month repayment as it was explained to them we were happy to proceed to Court.

So you must not fall for any of their tricks they try to use to force a larger repayment.

eggbox

Dakota

I would take it as red that they have acknowledged even if they are outside the time limit. Courts do seem to have drifted back to letting time limits slide so I would accept you have a Court case to attend to.

DAKOTA45

eggbox wrote: »

Dakota

I would take it as red that they have acknowledged even if they are outside the time limit. Courts do seem to have drifted back to letting time limits slide so I would accept you have a Court case to attend to.

Yes… I'm sure that's the case… it has happened before when his solicitor has filed late with the court and the court has just waved it through… But if the boot was on the other foot… I've never get away with it. Court favours those who are represented, it seems. :mad:Tsk!
D45

harisumo

eggbox wrote: »

stayhappy

Restons are a particularly, and deliberately, vile firm who my ex had the pleasure of dealing with for her CO. They specialise in intimidation and are well known for trying to mislead debtors into paying a higher repayment.

A tactic they often use is to send you a valuation letter of your property saying they have no alternative but to apply for an OFS as your repayment is not sufficient. They tried this with my ex but they still accepted £1 a month repayment as it was explained to them we were happy to proceed to Court.

So you must not fall for any of their tricks they try to use to force a larger repayment.

I agree with this, I had dealings with Restons and I think I could have had more success communicating with a brick wall!! They are a very nasty firm of solicitors / glorified debt collectors, you will find it hard to get any where with them, they use every trick in the book to achieve their ultimatate aim of getting a CO for their client I suppose as in my case to stop it going statue barred.

Sparklyfairy

Hi Eggbox & all, hope you're all well. Just a quick recap: Restriction was given in 2010( standard form K) via Re&tons (vile slobs). We are selling & I ( hopefully!!) have a clued up solicitor. He has been vetted profusely by me before I hired him & all seems well, but the proof as they say is in the pudding. We are at the point of exchanging contracts & my purchasers solicitors are awful. They are demanding my solicitor gives notice, not them. He explained that it isn't his position to do this as it's up to the purchasers solicitor to do this & to contact the Land Registry help line for confirmation. Our buyers solicitor said they have spoken to LR & that HE has to show that notice has been given. Clearly our purchaser's solicitor is lying. Apparently our purchasers solicitor is taking it upon herself to get in touch with Re&tons prior to completion! Will this mean Rest has a jump start & demand their payment? My solicitor is aware, we are waiting for a phone call back but as it's Friday, he's busy doing completions. Any help grately appreciated. X