Charging Order? The myth

Asify

That's OK I am still waiting to hear back from them, and they have not got back to me as of yet.

It's great you are helping everyone on this forum

eggbox

No problem.

If a person doesn't try to help others in need, then they can't really expect anyone else to help them when their own need arises?

DAKOTA45

IS THERE A SOLICITOR IN THE HOUSE?!

Hmmm… the skullduggery continues… now at the disclosure stage in these proceedings, and I am seeing documents I've never looked at previously.

Seems the court entered judgement by default in my favour last year and the other side's lawyer argued it out with them, (all this behind my back), stating that an acknowledgement was sent in time, when I know for a fact that it wasn't as I've never set eyes on it to this day!

It is all getting far too complicated…

D45

RMS2

DAKOTA45 wrote: »

Seems the court entered judgement by default in my favour last year and the other side's lawyer argued it out with them, (all this behind my back),

How was this behind your back? Did you not attend court?

holly09

I am pretty up to speed on restrictions vs charging orders when a property is in joint names and the debt is in one parties name. Can anyone advise on what the situation is regarding an Order for sale in this circumstance?

eggbox

holly09 wrote: »

I am pretty up to speed on restrictions vs charging orders when a property is in joint names and the debt is in one parties name. Can anyone advise on what the situation is regarding an Order for sale in this circumstance?

Hi Holly

In simple terms its virtually impossible for a creditor to enforce an Order For Sale where a Charge has only been made against one of the joint owners. A simple search of Google trying to find anyone who has had to sell (and failing) will confirm this position.

The reason is because Judges have virtually no option but to grant a Charging Order if a creditor applies for one; however, they have total discretion over whether to grant an OFS if a Creditor applies. And the Court statistics bear out they don't grant OFS in these cases.

Family and primary residencies also have protection under TOLATA and Case Law both of which are explained on this thread if you do a quick search.

Hootin_Heck

All,
Good News, our house sale completed last week, and we were able to complete the sale with the charging orders and have not had to pay any of the creditors out of the proceeds.
This thread is 100% accurate and success is down to the solicitor used.

Our Solicitor was awesome and even "walked" the buyers solicitors through the process and I believe that they even did the certificates to the creditors on their behalf as the buyers solicitors had no idea what they were doing.

A big thank you to LRR and EGGBOX for the advice along the way.

I did ask the solicitor if she would object to us recommending their services as I made it clear there were a lot of people in a similar situation trying to complete the sale of their property's with charging orders.

She didn't strongly object, however as conveyancy is but one aspect of their workload she said that they couldnt take on a multitude of cases all at once.

For that reason and to respect their wishes, I will pass their details to EggBox for him to distribute within reason.

Good luck to all trying to go down this road....stick with it and make sure that your solicitors follow your instructions and are not out purely for their own gain!!

eggbox

Greta news Hootin_Heck!

I have noted your comments regarding passing on the Solicitor info in the PM, too.

Hopefully, other people in the same position will take on board that it is the quality of the solicitor that is most likely going to be the biggest help in winning the day?

DAKOTA45

Hootin_Heck wrote: »

All,
Good News, our house sale completed last week, and we were able to complete the sale with the charging orders and have not had to pay any of the creditors out of the proceeds.
This thread is 100% accurate and success is down to the solicitor used.

Our Solicitor was awesome and even "walked" the buyers solicitors through the process and I believe that they even did the certificates to the creditors on their behalf as the buyers solicitors had no idea what they were doing.

A big thank you to LRR and EGGBOX for the advice along the way.

I did ask the solicitor if she would object to us recommending their services as I made it clear there were a lot of people in a similar situation trying to complete the sale of their property's with charging orders.

She didn't strongly object, however as conveyancy is but one aspect of their workload she said that they couldnt take on a multitude of cases all at once.

For that reason and to respect their wishes, I will pass their details to EggBox for him to distribute within reason.

Good luck to all trying to go down this road....stick with it and make sure that your solicitors follow your instructions and are not out purely for their own gain!!

That's amazing!! Thanks for letting us know that there are people out there who are able to help and who know their stuff…

I am so pleased for you! :j D45

DAKOTA45

RMS2 wrote: »

How was this behind your back? Did you not attend court?

There is no need to go to court if the Defendant doesn't acknowledgement service of the claim… Judgement in default is automatic, or as far as I am aware…
It seems the defendant's lawyers managed to overturn the judgement just by speaking to one of the Masters...

Does anyone have more info, please? D45