Charging Order? The myth

Sparklyfairy

lolalolalola wrote: »

Please where did you quote this from ?
Debtline know nothing of this and are asking what your source is please

Someone added this link earlier on http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf It seems to be written by solicitors, so it might be a good start in educating CCCS, Payplan, etc. Also, if anyone is looking for a conveyancing solicitor aware of this, I'd start by looking at the solicitors who wrote this www.blaw.co.uk if they can't help out, perhaps they know of solicitors who can. Also, it's worth pointing out that you can use any solicitor in England (if you live in England) for your conveyancing.

LBaum

I guess what this will mean is DCA's might start using more 'field intelligence' to see which of their 'customers' is about to sell their property so they can get in before the 14 days.

Note there is also something called a freezing order . ( which is about what we will be doing come winter if the DCA gets the x10 my DMP it's after ! Bless 'em)

tomo9000

Hello,

I am new to the forum and think it is great.

I have a £6k loan in my name only which had a restriction order on the property I jointly owned with my wife. The problem that I now have is that I have sold the house and the solicitor, who reliably informed me that the buyers solicitor would inform the creditor 14 days before the sale, has not done the informing the creditor part.

I spoke with my creditor to ask if I can make a offer of settlement for the debt and they hve advised that they will not take any offer as the restriction still stands even though I do not own the house anymore.

Any ideas where i go from hre guys?

Thanks

Andy

fatbelly

tomo9000 wrote: »

I spoke with my creditor to ask if I can make a offer of settlement for the debt and they hve advised that they will not take any offer as the restriction still stands even though I do not own the house anymore.

Er - I think if he checks the land registry he will find that you are not the owner of that house and the restriction has gone.

He's lucky you're offering him anything.

He's refused your offer. What happens next is up to him. Get on with your life!

terryw

fatbelly wrote: »

Er - I think if he checks the land registry he will find that you are not the owner of that house and the restriction has gone.

He's lucky you're offering him anything.

He's refused your offer. What happens next is up to him. Get on with your life!

tomo,

Please, please come back and let us know what happens. My gut feeling is that fatbelly has given excellent advice but anything further could be very helpful to others.

Lexis200

Hi all

We are currently looking for a house but have been concerned about CO's; they are currently not an issue as we rent but obviously buying opens that can of worms up big time.

Our situation as it stands is that we are not financially linked, we both have debts, but they are all in one name or the other, not both. My debt is significantly more than OH's, so we had decided to get the mortgage in his name only so that my creditors couldn't harass me for a CO if/when we sold. Am I right in thinking that we would actually be better trying to get the mortgage in joint names so that if they did try for a CO the best they could do would be this restriction?

Any thoughts on this would be appreciated:)

thechippy

Yes,

Go for the mortgage in joint names.....;)

rose28454

I am really glad I decided to come on here tonight. I have 2 charging orders in my name against a jointly owned property (my oh and I are seperated) and one of my husbands creditors is now trying to get one against him. I was going to ask my parents to lend me some money so I could try and offer F&F settlements to these creditors. We are planning to sell the house and split the proceeds after being married for 29 years. I have been toying with the idea of trying to get one of the CO's removed as the creditor has not produced a valid CCA and is charging me interest.
However reading this thread makes me think I should take the chance and just put it on the market. My OH is pressuring me to sell and to be honest I need to move on. I may not need a sleeping tablet now as I have been wound up all day about a third charging order on the property.

Before going to bed I looked at the papers that came from Fairfax Solicitors today. The copy of the Land Registry entry do indeed say that 2 restrictions have been made by the two creditors is respect of interim charging orders. It says , under the Proprietorship Register, that "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 xxx Banking of xxx being the person with the benifit of an interim charging order on the beneficial interest of Mrs xxxxx xxxxxx made by XXXXXX County Court on x xxxxxxx" Under the Charges Register it mentions our mortgage company only.

Now this seems to agree with this thread in that only a restriction is placed and not a charge. From what I have just read it also seems that only interim charges were registered, not final ones, and that as long as the two creditors are informed of the disposition then the restriction is satisfied. No time scale is given for this so in theory they could be informed the day before completion and the restriction would be satisfied. Comments please ladies and gents

rose28454

Bump bump bump

winner12

Hi there
I mentioned this thread to someone else on here but they think you are wrong and a charging order can be applied even if the house is in joint names but my questions is can they apply it but you would still not have to pay it when you sold the property and also could they force you to sell and why do solicitors not know all this so would you then have to pay by default
Sorry for all the questions but a little confused