Charging Order? The myth

[Deleted User]

Land Registry


Is it possible to place a restriction on one half of a joint ownership to secure funds where that individual has a court case pending ?

eggbox

Brynogwy

For a creditor to be able to place a restriction on a debtors deeds, they would be required to have obtained County Court Judgement, for the money owed, beforehand.

But if you could explain what the Court Case relates too it may help explain why you have questioned the validity of the restriction?

Land_Registry

Brynogwy wrote: »

Land Registry

Is it possible to place a restriction on one half of a joint ownership to secure funds where that individual has a court case pending ?

Our PG 19 explains how third party interests might be protected on the register

Our PG 76 explains more with regards Charging Orders and includes an algorithm for sole and joint ownership situations where a CO has been granted

For an interest to be a valid one, namely protectable in these cases, you would need a court order and not simply a pending case

But as eggbox infers the devil is always in the detail rather than a hypothetical situation

tricialash

Hi thankyou for replying we are wanting to see if the restriction is on there i remember threats to put it on the property but due to my hubby being in a bad place we are not 100% it was done.
The debt as now gone past 6 yrs so it isnt on his credit score. If its still on the property he wants to make arrangements to pay it off. Thankyou for all your replies. We are just trying to remove it before we sell in the couple yrs.

tricialash

It was a log book loan the company did take his car however the value of the car did not pay off the outstanding balance he was hit with loads of charges ending up with owing over 3 grand,.

tricialash

Hi thanks were would i find the official link cant seem to find it thankyou

tricialash

The ones ive been on are charging £39.99 and £27.99 cant find the official site for £3 thankyou

eggbox

tricialash

In the reply Land Registry Rep gave to you click the words he has written that says "official site" in the blue writing. That will take you to the official Land Registry site.

You should have been notified if a CO was being sought against you as you are entitled to object? Log Book Loans are also regulated by the Consumer Credit Act 1974 so if there is a Restriction placed let us know what charges were applied to the loan as they may be suspect?

Land_Registry

Here it is in full in case your device does not show hyperlinks. https://www.gov.uk/search-property-information-land-registry

tricialash

Will let you know how we get on as i know its important to come back with the end results