Charging Order? The myth

eggbox

harisumo wrote: »

Thanks for the continued advice and support. The only thing I really need to clarify is whether we are required to respond to the Notices from the Land Registry, they say we need to agree to or object to the restriction by X date and that if we do not then it will be entered on the register anyway.

The LR have a duty to notify you and ask for any objection in case you have a valid reason it shouldn't be registered.

From what you have stated, however, it doesn't seem to appear you are going to be able to avoid the CO being granted? So I wouldn't worry about it too much.

harisumo

eggbox wrote: »

The LR have a duty to notify you and ask for any objection in case you have a valid reason it shouldn't be registered.

From what you have stated, however, it doesn't seem to appear you are going to be able to avoid the CO being granted? So I wouldn't worry about it too much.

That's what I thought, thanks for taking the time to reply.:)

mez55

hi can u please give me some advice regarding charging orders, firstly my husband has a trial date window, regarding a civil matter, the case maybe in jan/feb time.
we have a house in both of or names, and a transfer of property has gone thru, we are in the middle of changing the names on the title deeds.
as the case has not started yet, are we free to transfer the property in a third partys name?
and if my husband has to pay the other party funds relating to the civil matter can the judge order us to transfer the property back into our names, or wil he simply just ask what securities my husband has, and if he has none, nothing cant be done about it?

eggbox

mez55 wrote: »

hi can u please give me some advice regarding charging orders, firstly my husband has a trial date window, regarding a civil matter, the case maybe in jan/feb time.
we have a house in both of or names, and a transfer of property has gone thru, we are in the middle of changing the names on the title deeds.
as the case has not started yet, are we free to transfer the property in a third partys name?
and if my husband has to pay the other party funds relating to the civil matter can the judge order us to transfer the property back into our names, or wil he simply just ask what securities my husband has, and if he has none, nothing cant be done about it?

If you are transferring property as a deliberate act to avoid any potential financial liability relating to the court case it "might" give rise to action from your Husbands Court opponent?

So a little more info on what the "Civil Matter" actually relates to and if you are doing so because of the above reason will probably help give a better answer on this one.

Bettie

mez55 wrote: »

hi can u please give me some advice regarding charging orders, firstly my husband has a trial date window, regarding a civil matter, the case maybe in jan/feb time.
we have a house in both of or names, and a transfer of property has gone thru, we are in the middle of changing the names on the title deeds.
as the case has not started yet, are we free to transfer the property in a third partys name?
and if my husband has to pay the other party funds relating to the civil matter can the judge order us to transfer the property back into our names, or wil he simply just ask what securities my husband has, and if he has none, nothing cant be done about it?

I believe the judge can under certain circumstances overturn it.
In fact, I was told that if anyone made my ex partner bankrupt within 7 years of our transfer of equity ( so not quite the same) then the people he owed money to would step in have it overturned and claim their dues.

fatbelly

I don't think we're looking at bankruptcy here. Mez - is this a hearing for a money claim in the county court?

mez55

hi thanks for ur replies, the civil matter is regarding an accident my husband had, he went thru a claims company to deal with the accident and get a hire care as he is a taxi driver and he needed a replacement after the accident, the reason he went to the company (a) was due to language barrier, anyway (a)made fruadulent claims to the company that my husband had the accident with and over charged them, and because my husband had signed the papers he company is suing him as thy think that he benefited from (a) and told them to charge the company this much.
as a result of this there is an hearing date set for jan/feb time when the judge will decide wot will happen, and how much money my husband has to pay the third company, if any. regarding this matter, the judge has acknoleged that (a)is to blame but say that they cant do anything about it, so they know my husband is not in the wrong. this (a)has had many cases against him like this and all cases are on going.
my husband will be re[resent himself at court as no solicitior will touch this case because it is complx, all we have been told by anyone is there could be a charge made against the house, so we are in the process of trnasferring the property in a third party name.
thank u for your replies much appreciated.
i ahve checked the title deeds and there is nothing on tere to say we cant sell property as mortgage has been paid of in full.

mez55

fat belly, yes i think so

fatbelly

Mez - I'd really like you to run this past someone independent, like National Debtline.

The thing is that if the case goes against your husband, he will still get a ccj. There are four ways of enforcing this (of which a charging order is one).

Edit - the order may be to pay in instalments so 'enforcement' would never be an issue, as long as the instalments are paid.

By transferring ownership of the house to a third party you would block the charging order. But what if the third party gets into financial difficulty? Your house is then an asset that the third party does not live in and is at risk.

And if the creditor decides to petition for your husband's bankruptcy, then (as Betty said earlier) the transaction can be reversed (by the Official Receiver).

It's possible that your 'cure' may be worse that the 'disease' and so you need to understand all the implications of what you are doing.

mez55

thanks for the reply fat belly, the thing is that the third party who we are trasnferring the property to, has paid off the mortgage with his own funds, so its not jst a transfer the funds have been transferred to pay off the mortgage, and now the deeds will be in his name. we will just be renting from the third party and will show that we are paying toward the rent.
we dont know how much the judge is going to order my husband to pay but he is willing to pay instalments on how much he can afford.