Charging Order? The myth

angeljay

My parents are selling their property. My tutor who owned property at the time which I lived in and rented, but my father paid the rent, is claiming rent arrears from 17 years ago. She instructed the courts at the time, my parents received no information on court proceedings and the case went against their property. It is now blocking the sale of the house. Can a ccj be still active after 17 years without any communication? They do not know the figure that is required. She is now saying there will be interest to pay and legal fees. Do we have anyway of removing this? And why was it taken against their property. 

I believe this is now a charge against the property! 

eggbox

Hi angelijay

A CCJ doesn't expire, however, it also can't block the sale of property unless it has been enforced through obtaining a Charging Order. If that is what you mean, can you let us know what is on the deeds blocking the sale? 

angeljay

eggbox said:

Hi angelijay

A CCJ doesn't expire, however, it also can't block the sale of property unless it has been enforced through obtaining a Charging Order. If that is what you mean, can you let us know what is on the deeds blocking the sale? 

It’s states on the land registry it’s an interim charge. The creditor has been contacted and can’t remember the charge amount. She is now saying there will be interest and solicitors fees to be paid but doesn’t know the balance. 

eggbox

angelijay

You need to post up exactly what is stated on the deeds as this is the only way we can identify if you have any options? Also, was it only your father sued for the debt or was your mother jointly sued, too?

I should also ask if there were actually rent arrears and, if so, was there any reason they weren't paid?

Moobat

Firstly, sorry if somewhere in the 500+ pages this has been answered, but not going through all that.

Now my question: Do the same rules apply for a Restriction during a transfer of equity, as they would for a sale? i.e. Can someone who has a restriction against them, transfer their equity to their partner and thus remove the restriction? Obviously firstly informing the creditor via the format prescribed.

Not looking for loopholes here, or avoiding legitimate debt repayments, but just exploring solutions to some questionable historic tactics undertaken by a DCA.

eggbox

No, it wouldn't remove the Restriction is the simple answer. A look through the thread will tell you why if you need to know

bobbingo

Hello,

Fantastic and very informative thread,

 

We are just in the process of selling our house and have two restrictions on it (see below)

I’m currently doing the solicitor search. Had  a few no’s and a few haven’t replied yet.

The last one queried the second restriction as being non standard wording and thus impossible

to get rid of in the giving notification before sale way. (might have just been an excuse)

 

I think they are both standard wording,  Do they look standard?

 

(16.04.2007) 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 Northern Rock PLC at c/o Wallers Solicitors, Merchant House, 30 Cloth Market, Newcastle Upon Tyne, NE1 1EE being the person with the benefit of an interim charging order on the beneficial interest of xxxxxxxxxxx made by the Gateshead County Court on xxxxxx  2007 Ref: xxxxxxxxxx

(27.06.2013) 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 Link Financial Limited (Co. Regn. No. 3504939) at PO Box 107, Caerphilly CF83 9AD, being the person with the benefit of an Interim charging order on the beneficial interest of xxxxxxxxxxxx made by the Bristol County Court on xxxxxx 2013 (Court reference xxxxxxx).

 

Many thanks.

eggbox

bobbingo

Whilst they are slightly worded differently, they are still both "standard" Form K Restrictions. Also, as the Solicitor should have known (and as Land Registry Rep keeps explaining); its the wording of a Restriction that is crucial. In both instances, all that is required to comply with the Restriction's registered, is to notify the creditor the property is being sold and then certify to the Land Registry that's been carried out.

So, whilst I'd like to say it's an excuse, it's most likely that the solicitor concerned doesn't know what they're doing.

bobbingo

Thank you for the prompt reply, 
I did suspect the solicitor not understanding what they are but then a few solicitors have seemed quite robotic. 
Anything slightly different is frowned upon.

eggbox

The rule is, they protect themselves first and their clients second. So anything that may affect them, get's shut down very quickly. Don't give up though as their are a few who will help.