Charging Order? The myth

martini3804

Land_Registry wrote: »

I'm afraid not. MSE restrict such messaging for us as a Company Rep I assume.
If you don;t wish to post here then I suggest you use our and our support team can consider and reply by email

Thanks Land Registry,


I have since started a new thread and still trying to get to the bottom of my problem. I have an Egg Banking PLC charging order on my house that I wasn't aware of and am now in the process of selling.


I was recommended to contact Yorkshire Building Society via your online service. I have contacted YBS and they have now said I need to contact Canada Square. I will write to Canada Square, Citibank and Barclays at the same time to throw some light on this.


I also contacted the Court and they have no records using the case number on your register, so I am really confused.

Clearly I need to get this removed from the register, but without any information other than what is on your register I am somewhat baffled...

Land_Registry

martini3804 wrote: »

Thanks Land Registry,

I have since started a new thread and still trying to get to the bottom of my problem. I have an Egg Banking PLC charging order on my house that I wasn't aware of and am now in the process of selling.

I was recommended to contact Yorkshire Building Society via your online service. I have contacted YBS and they have now said I need to contact Canada Square. I will write to Canada Square, Citibank and Barclays at the same time to throw some light on this.

I also contacted the Court and they have no records using the case number on your register, so I am really confused.

Clearly I need to get this removed from the register, but without any information other than what is on your register I am somewhat baffled...

There's nothing we can usefully add really as you seem to have the registered details and are now trying to follow the chain of events since to unravel whether the order still exists.

My reaction would always be to pursue it with the court but it reads as if that has been exhausted as they cannot find any details

As the CO is registered as an equitable charge we would need a completed form CN1 plus supporting evidence that the CO had been dismissed for example the order with the receipt of the monies endorsed or a form DS1 discharging it. To get those though you need the creditor to assist

The other thread includes useful posts re points of contact and it seems you are trying all possibilities. That appears to be the logical next step.

eggbox may have some thoughts re Egg (no pun intended) and wider awareness?

eggbox

The only thoughts I have is that the recording of data, regarding Charging Orders and Restrictions and given they can lie in debtors deeds for several decades, seems inadequate?

Given these details have been recorded in a Court of Law the process in place to keep these details "live" seems unfit for purpose?

mramason

Hi all - long time reader, but I have the following show up on our Deed, as just looking to re-mortgage, so need to ask advice.

One of these debts go sold on a couple of times and I have settled (the last creditors sent me reduced figures for settlement), so we sent cheques, but the companies we paid are not those listed on the Restrictions - how do I get the court to remove it. I can probably get a copy of the cheque but the paye will differ and so will the amount as my partner dealt with it whilst I was away for a couple of years. However the wording interim charging order appears in them, are they not final?

The Redditch County Court one - I know nothing about, nor have I ever had anything from them - although it might be a different company debt from the same era, really unsure about this one.

Any advice is welcome thanks.

1 1)
(XX.XX. 2007) RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to xxxxxxxxxxxxxxxxxxxxxxxx(Credit(purchased) Company) being the person with the benefit of an interim charging order on the beneficial interest of (ME) made by the Redditch County Court on

---

2007 Claim Number

---

.
2 2)
(XX.XX .2011) RESTRICTION: 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 xxxxxxxxxxxxxxxxxxxxxxxx(Credit(purchased) Company) , being the person with the benefit of an interim charging order on the beneficial interest of (ME) made by the Kingston-upon-Hull County Court on ---- 2011 (Court reference

---

)

eggbox

mramason

See post #3815 as unless you are looking to remortgage with a different company from your present mortage company, then the restrictions don't come into play?

mramason

eggbox wrote: »

mramason

See post #3815 as unless you are looking to remortgage with a different company from your present mortage company, then the restrictions don't come into play?

Would be a new provider as currently stuck with Landmark

eggbox

mramason

If you are dealing with a new lender the Restrictions will have to be dealt with. If you have proof you have settled one of the restrictions then you can apply to have it removed using the approriate RX form sent in to the Land Regstry? But its a lesson to everyone in the same boat to ensure you get a signed "full and final" payment letter signed by the creditor.

If you have no knowledge of the other Restriction you will have to contact the creditor named to ask them to explain what the debt is for? Rememeber there will have had to have been a CCJ obtained first in order to appply for the charging order the Restriction notifies?

Loujay

Hi,

My sister and I had a joint together mortgage with Northern Rock, we sold the house and she bought a new house on her own. The joint together loan became an unsecured loan (with crazy high interest) which we defaulted on.
I have never managed to get back on the property ladder and have no assets.
But my sister received a charge for the joint loan on her new property which she owns solely.
Where do we stand? Is this charge for the whole amount legal? Will it be payable when she sells the property?
I have over 6 years statute barred on my debts from that time which should include the unsecured personal loan to Northern Rock, but they are holding my share over my sisters property.
Is there anything she can do? Will she have to pay the whole amount when she sells?
Hope someone can help.

eggbox

Loujay

Unfortunately when two people take out a "joint" loan/mortgage the terms of the loan mean both people are liable for the whole amount of the loan. So NR, disappointingly, are within their rights to pursue your sister for the whole amount.

And if your sister is a "sole" owner she will have had an "equitable" charge placed on her deeds obtained for the debt through a charging order (but do check this as some solicitors mistakenly register a restriction in error?) So this amount, sadly, will have to be paid when she sells her property as it stands.

If she isn't planning to move for several years she may be able to negotiate a lower settlement of the debt by paying it off sooner? But this is very much pot luck and depends on the creditor concerned?

Not what you want to hear, I know, but its a lesson to any one taking out a "secured" loan that they need to protect themselves against running into difficult times. This is because the creditor can, through a charging order, pursue the debt against assets owned by the debtor as if it was a "secured" loan.

peakbg35

Hello

Having read the majority of this thread with great interest I am hoping someone can advise me our current situation.

Jointly owned property with no mortgage approx house value £70k. Both my wife and myself have unsecured debts - Wife £11k credit card debts £6.5k of which has defaulted but making monthly payments of £50 and £5k which is accepting low payments temporarily but will likely default in a few months as wife’s income has significantly reduced.

I have 2 unsecured loans (5.2k and 3k outstanding) and credit cards to 14k (5k, 4.7k, 2k, 2k). I am not currently in arrears on any of my payments however I will be struggling with the credit cards soon as they are on promotional rates and these will expire soon. I am also, rather foolishly, a guarantor for a 10k loan which has extortionate interest (around 49%) this was for a close friend. Recently he has been missing the payment dates regularly and the creditor is bomabarding me with emails and texts and phone calls on a daily basis, they have sent a default notice and seem to be acting pretty swiftly and presumably having done their research and realised that should the account default then they could act swiftly to be the first creditor to go for a charging order against me. The payments on the guarantor loan are £400 per month and this would tip me over the edge (financially that is).

I have read on an earlier post that it may be possible for a legal charge to be put In my partners name for double the equity and I was considering doing this. I would have no problem with signing away my equity legally to my wife.

It may be worth me pointing out the reason for our own debts are largely down to my own terrible gambling addiction that has caused me problems all my life and I am also on the waiting list to be assessed for adult ADHD/ADD. I have struggled to handle finances all my adult life, fortunately I have a very understanding wife who I relinquished control of our day to finances to, and have admitted my gambling problems and am seeking help to overcome this.

Just to throw something else into the mix - we are wanting to move away from this area to a rural area where I am away from the temptations that have blighted me. We intend to rent and also rent out our current property. What are the rules on charging orders for properties that are let? Apologies for the length of this post, hopefully someone can help me.