Charging Order? The myth

filomena62

Hi Blueback,


I am currently trying to sell my jointly owned property as a request from my ex as her Father is ill. I have had a debt which dates back to 2003 which was bought by a very unscrupulous company called Go Debt or should I say Hollis Briggs who are solicitors. To cut a very long story short my ex won the right after 2years of me paying the mortgage to live in the property at the time I had just had an op on my knee and was in affect homeless for a while. In 2011 just before I left the property I was aware that after Hollis Briggs failure to make me bankrupt they instead tried for a charging order for the money. Unable to attend court due to an infection in my knee, I requested that the case be moved to another date to no avail, the judge went ahead and awarded them a c/o for £16,000 (ok get off the floor) . Which now after contact with my ex solicitor has turned into £24,000 ( yes smelling salts is now in need) They have since managed to acquire a final charging order?? All of which done without my knowledge. So the nitty gritty is this. I have investigated your post and you are probably the only one that gives hope to fight these highwayman and prevent them from stealing all of my money. Unfortunately the solicitor acting supposedly for us both (nothing signed as yet on my part) is not listening to the evidence that you have, as you say NO OBLIGATION TO PAY.. I have contacted Land registry and it is ONLY A RESTRICTION and went through the restriction rights and they confirmed that it was indeed the case. Please help me find a solicitor who knows the law and who is willing to fight my corner properly. You have said in another post that you were successful

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filomena62

Check your inbox as I have left you a message that may be able to help you, ok?

weimimamma

Right after getting rid of the first dodgy solicitor we employed we seem to be back on track with our move.

Does anyway know where about in the conveyancing process the issue around restrictions usually starts raising its head?

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It will be when the buyers Solicitor does a search of your property deeds.

But there is nothing to stop you explaining the situation right away? It will also let you know what you're up against before you go any further?

weimimamma

I have made sure the new solicitor has the info he needs before he took our sale on and also a response I had from LR confirming regarding payment so hoping he does his stuff

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I hope so too and good luck!

weimimamma

Happy New Year all.

Just a quick update on our sale. Had email from solicitor to advise he has received queries from the other side, most of which he will deal with but asking us a couple of bits which we have answered, our property is leasehold so we have agreed to make it freehold upon completion so had an email Friday from our sols requesting £500 fees for the leaseholders solicitors to do their stuff. Still no mention of the dreaded ICO's as yet.

Like living on a knife edge...... I did advise him of the ICO's before we started but he only asked me how many there were and didn't ask if hubby has enough equity in his half to cover them, which he doesnt!, lets see if he can do his stuff have sent him an email from LR confirming about the over reaching etc.

Still keeping everthing crossed!!

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Hi weimmimamma

Thanks for the update and, as the saying goes; hope for the best but plan for the worst.

So I would have all your info to hand ready to explain to your Solicitor exactly why there is no obligation to pat the CO behind the Restrictions, on the deeds, as they are Form K.

weimimamma

Perhaps an email to reaffirm at this stage may be best idea as I have to pay 570 quid his week still would have thought as we had hiccups with the other solicitor and are so far in now some 11 weeks that these restrictions would have been mentioned by the other side before now ??

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Yes, you have to bite the bullet and ensure YOUR Solicitor has dealt with the buyers Solicitor on the matter of the Restrictions BEFORE you pay any money as you won't get it back without a struggle afterwards?

It's tempting to say nothing and hope everything just goes through without anything being mentioned? But that is highly unlikely and, even though you can't trust Solicitors to be on the ball, this is one area 99.9% of them will do a search.

So I'd kill or cure the problem before you hand over money by getting your Solicitor to confirm he has dealt with the Restrictions matter, with the buyers Solicitor, before you go any further?