Charging Order? The myth

eggbox

Hi Sparkles69

A SAR response will only include data that has been processed concerning the actual person who requests the SAR? So it should explain the Restriction balance as that is part of your data they have processed.

For clarity, you should also request this specific bit of information in your SAR.

Sparkles69

Hi Eggbox,
I sent the SAR form yesterday, guaranteed to be there by 1pm today. I have requested information on the balance of the, financial agreement number and information of any payments made to pay or part pay the debt by any individual or organisation. It's my agreement in partnership, so I see it that if anyone else made payments it directly affects me.
Thanks, S69.

eggbox

Sparkles69

Its a tricky one as its only the data they have processed concerning you they have to forward? But see what turns up in the first instance?

Sparkles69

I know and that's what bothers me. But if any monies have been made it should show on the balance, as we both signed the same agreement and so it should be the same number too. I will take them to court if needed to find out. I'm bothered because after I got in touch with them asking for someone to get in touch to discuss the debt and nobody has, so I wonder, why? Well lets see what the next 40 days turn up?
S69

ems59

I'm not sure if I am posting this in the right place , please let me know if I am wrong . I have been quite ill for a number of years and never thought I would be able to go back to work but luckily over 2 years ago I did and just recently decided to apply for a remortgage , all going well until they contacted me to say there were 2 charges on my house . I have no knowledge of these , I've googled the companies and they dont ring any bells - however I was very ill and in a coma , so it must have happened , I lived on my own so there was no one to deal with paperwork . What do I do ,one of these companies doesnt exist any more , its taken me a couple of months to even find this forum to ask . I dont know where to start to even try and get these removed /settled . Any advise or help please . Many thanks

eggbox

ems59

The Charging Orders (they won't be Restrictions as it sounds like you own the property alone) have been placed on your deeds as a result of company's you owe money to, firstly, obtaining a County Court Judgement (CCJ) against you as the debt wasn't being repaid.

Once they obtained the CCJ's they have then enforced the debt by obtaining a Charging Order, again through Court, against your financial interest in the property you own.

Your only chance of removing the Charges is by removing the CCJ's (which will then remove the Charging Orders) by getting the Court to set aside the Judgements. This would be on the basis that you were not in a position to defend the Court claim against you, because of your health problems?

To do this you need to apply to Court using form N244 and which cost £255 per application unless you are exempt from the fee on financial grounds.

If you say one of the company's is no longer in business you will, most likely, find out they were taken over and its the company who bought them that will, most likely, have the rights to the claim.

But it might be worth seeing if you can track down the actual companies you owe money, too, and explain the situation as they might remove the CCJ's if you can pay off the debts? (Be assured they won't remove the CCJ if you can't and you will then have to make an application to set aside the debt.)

What you need to understand is that a remortgage is not going to happem if the charges aren't removed. This is because mortgage lenders always insist on being the first charge holder on the deeds (by way of priority) to ensure they have "power of sale" if the house ever has to be repossesed. Power of sale enables all other charges to be removed from the deeds to allow the property to be sold and allow the first charge holder to recoup their loan.

ems59

Thank you so much , yes I had a lot of battles one I was on road to recovery and want to get thi all sorted . Thank you very much for your help , the info I had previoulsy searched was so generic . Yes I understand that they wont be interested as thye require 1st charge . Ok at least I have somewhere to start now . I really appreciate your advice . Thank you

Sparkles69

Hi Eggbox,
If I sell the house I now live in which the restriction is on and the restriction isn't paid, could, if I was to purchase a house in the future the creditor apply to the court for new charge on the new property I would own?
Thanks, S69.

DAKOTA45

Well the solicitor has given the creditor 14 day notice.

Waiting to see if they will acknowledge and produce certificate.

Won't hold my breath!

D45

bonfire1966

Hi all.
I'm in need of some advise. It's a long story but I will try to keep it brief.
I owed a house as joint tenants with my ex. Ex lived in the house. Ex passed away this year.
House came to me. Land registry title updated.
Ex had a restriction on the property for debt owed.
I applied to the land registry to have this restriction removed. Sent lots of supporting evidence and land registry removed the restriction. Happy days.
House now sold and completes within a few days.
Now my problem. I informed the creditors solicitor that the restriction was removed by the land registy. They are clearly not happy. The solicitor is now threatening me with an injunction to prevent the sale of my house going though and contacting the land registry to reverse the decision to remove the restriction.
Can they do this?? I thought I was being courteous in letting them know but now think I've made a big mistake.
The solicitor was horrible and threatening. Making me feel that I had done wrong. I know my ex owes money.
I spoke to one of the debt charities before I contacted the solicitor. They advised that the title is clear and there is nothing that can stop the sale of the house and that the debt now becomes an unsecured debt against my exs estate.
Can any one advise. Thanks