Charging Order? The myth

eggbox

It will be a variation of the CCJ terms but, yes,the CCJ will show on your other half's credit file for six years.

A creditor can now seek a CO even if an order is being complied with, so I would expect (having gone this far) the creditor will still pursue a final order?

But you should be notified if this has happened and you can also check your deeds (allowing a little time for them to be updated) to see if anything has been added

Lionheart1970

Hi I've had a charging order placed on our house but I'm not on the mortgage I am named on the deeds that's it. I want to object but don't know where I stand or what to write.
Will this affect us taking a new mortgage deal through the same bank next year when the deal we took out two years ago runs out. The charging order is for 3,800 pounds

weimimamma

eggbox

Can you confirm the wording below is a standard form k restriction please:-

No disposition of the registered estate, other than a disposition by the proprietor, of any registered charge registered before the entry of this restriction is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to ... co ..... being the person with the benefit of an interim charging order on he beneficial interest of ..... made by the .... o .... court ref ......

eggbox

Lionheart1970 wrote: »

Hi I've had a charging order placed on our house but I'm not on the mortgage I am named on the deeds that's it. I want to object but don't know where I stand or what to write.
Will this affect us taking a new mortgage deal through the same bank next year when the deal we took out two years ago runs out. The charging order is for 3,800 pounds

On what grounds would you be objecting? The mortgage is, largely, irrelevant. It's who is registered on the deeds that, in Law, is seen to have a financial interest in the property.

And if there is no supporting evidence to the contrary (eg a Trust Deed) then you will be regarded as owning 50% of the property if you are named on the deeds?

The CO has, therefore, been made against this financial interest in the property due to the creditor, correctly, having seen your financial interest in the property by way of being named on the deeds (which, I'm assuming, is because you do have a financial interest in the property?)

eggbox

weimimamma

Yes that is a Standard Form K wording

weimimamma

Lovely thanks

Still no come back/contact from said solicitor ! :mad:

eggbox

Me neither?

Its not unusual for this to happen (as Solicitors tend to think the world revolves around them) its just very frustrating!

I didn't have time to ring today but will tomorrow. I've also put the wheels in motion to try and track down you know who!

weimimamma

Thanks, I am going to call them again in the next day or so will keep you updated if you could also do same on you know who! :T

eggbox

Ok and will do!

Distracted

Hi


Just a quick update on my situation. The House sale went through as a success and we completed on Friday.


There was a slight panic with the mortgage lender telling my solicitors secretary that there was still a charge on the property that they wouldn't talk to her about. (this turned out to be the restriction and nothing to do with the mortgage lender)


Apart from that its all gone ok, waiting for confirmation that the restriction has been removed from the property for the new owners but it looks like its all been a success.


This was using a solicitor who didn't know much about this until I brought in the evidence to him (gained from this forum) and helped him through the process as some very kind and knowledgeable people have helped me on this forum


Would like to say a big thank you to Eggbox and the LRR who's advice and knowledge has been invaluable and helped me and my family get through this. I'm proof that this can be done - good luck to everyone who is in this situation, don't give up hope as many hurdles as you encounter, there is always a way around them.