Charging Order? The myth

Jonathano

Thank you Land  Registry, so I write to the company, telling them that the title will change from her, to her and I, then do a letter ( certificate) to the land registry, telling them I have done this, and include it with my AP1, TR1 and ID1 and cheque)

Jonathano

Hi Land Registry , following on from the above, do I need to fill in form D1, and then say that I have written to them, or is my certificate just a letter stating that I have written to the firm who have the restriction??..

Land_Registry

If you are doing this yourself then you write to them to notify re the transfer. You then lodge your application with a letter in which you certify you have done what the restriction asks you to do - just use the restriction wording 

balders22

Hi everyone This is my first post even though I have been intermintaly reading this forum for some time. I also apologize in advance if I have missed the answers to my questions but obviously a long thread.

I’m about to sell a house but it has four restrictions placed on it? I am unsure how to proceed? All the restrictions originated from unsecured debt in times gone by. I’m tempted to let any solicitor deal with and pay the debt off but Im concerned that debt’s swell with extra interest when  the creditors see the opportunity? 

Can anyone recommend a solicitor that they have used and we know is wiling to remove the restrictions without paying the debt allowing me to pay them direct? 

Again sorry if off topic?

Stesar

balders22 said:

Hi everyone This is my first post even though I have been intermintaly reading this forum for some time. I also apologize in advance if I have missed the answers to my questions but obviously a long thread.

I’m about to sell a house but it has four restrictions placed on it? I am unsure how to proceed? All the restrictions originated from unsecured debt in times gone by. I’m tempted to let any solicitor deal with and pay the debt off but Im concerned that debt’s swell with extra interest when  the creditors see the opportunity? 

Can anyone recommend a solicitor that they have used and we know is wiling to remove the restrictions without paying the debt allowing me to pay them direct? 

Again sorry if off topic?

Hi.
Message sent re conveyancer details.
From my experience, the original debt doubled in 15 years with interest (that will be dependant on the type of original debt I believe), so best to keep off their radar until it's too late for them to act in my opinion.

balders22

Stesar said:

balders22 said:

Hi everyone This is my first post even though I have been intermintaly reading this forum for some time. I also apologize in advance if I have missed the answers to my questions but obviously a long thread.

I’m about to sell a house but it has four restrictions placed on it? I am unsure how to proceed? All the restrictions originated from unsecured debt in times gone by. I’m tempted to let any solicitor deal with and pay the debt off but Im concerned that debt’s swell with extra interest when  the creditors see the opportunity? 

Can anyone recommend a solicitor that they have used and we know is wiling to remove the restrictions without paying the debt allowing me to pay them direct? 

Again sorry if off topic?

Hi.
Message sent re conveyancer details.
From my experience, the original debt doubled in 15 years with interest (that will be dependant on the type of original debt I believe), so best to keep off their radar until it's too late for them to act in my opinion.

That what I’m afraid of I cant even get figures on a couple of them but two of them I still get debt collection letters on a regular basis and don't mind paying the amounts asked but dont want them to double when they find out a property id getting sold?

Stesar

Stesar said:
Hi

Message sent re conveyancer details.
From my experience, the original debt doubled in 15 years with interest (that will be dependant on the type of original debt I believe), so best to keep off their radar until it's too late for them to act in my opinion.

Sorry, not 15 years. 7 years.

Stesar

Once the CO was in place, they wrote to me demanding a breakdown of income and outgoings and a payment plan. I wrote back and told them weren't entitled to demand anything and to essentially leave me alone. Which they did until after I sold the house 7 years later.
Mine wasn't a credit related debt, so the interest situation is different.

eggbox

balders22 said:

I’m about to sell a house but it has four restrictions placed on it? I am unsure how to proceed? All the restrictions originated from unsecured debt in times gone by. I’m tempted to let any solicitor deal with and pay the debt off but Im concerned that debt’s swell with extra interest when  the creditors see the opportunity?

If the debts are CCA (Consumer Credit Agreement) regulated such as bank loans or credit cards then adding statutory interest isn't allowed. Nor if the debt is unregulated but under £5k.  Therefore, the DCA's can't add any costs or interest to the Charging Order amount owed.

Regarding a solicitor that will help you sell, read back from the end of the thread as there are a few posters who have found a solicitor for their needs. Just PM them for the details.

MarjhB

My father passed away suddenly and we have become aware that there 3 restrictions against the house.  My Mum has no paperwork and was unaware of them.  House was joint owners and his share now passes legally to Mum.  At this point we are trying to get figures.  Can they take more than 50% of the equity in the house?  Mortgage free but half that house is Mums and the restriction is in his name only?