Charge Order on property

fermi

Well, if that CO had not been made final on the date of your BR, then it is not valid and should be removed.

Not always simple, and can be a bit of a "faff", but it can and should be done.

Probably best to talk to both your former OR and the court.

As you can see from an example below, it can and should be removed.

roxy84 wrote: »

we had 2 CO's made final after our BR, they shouldnt of been and it was a rite chew on getting them removed but the OR eventually did it for us, they were included in our BR

taib0

What an idiot !!! I'm shaking here I meant 6th September 2007

Taib0

fermi

Hope you can get it sorted without too much trouble then.

Not a hope in hell of them being able to carry out their threats.

debt_doctor

:T:T:T

Excellent ! - goodbye charging order !

This may help with the application to the court..........

9.105 Effect of liquidation or bankruptcy

(September 2008)
Provided the charging order was made absolutely prior to the commencement of the liquidation or bankruptcy, a creditor is entitled to retain the benefit of the charging order. If the official receiver becomes aware that a charging order was made prior to the commencement of the insolvency, he/she should obtain a copy of the charging order and where the charging order has yet to become enforceable inform the court of the insolvency proceedings. In Re Roberts Petroleum Ltd v Bernard Kenny Ltd (in liquidation) [1983] 1 All ER 564 HL it was held that the making of a winding-up order was sufficient grounds for the charging order not to be made enforceable and for the order to be discharged. The case may also be applied following the making of a bankruptcy order. On becoming aware of the existence of a charging order, the official receiver when notifying the court of the insolvency proceedings, should exercise care that he/she is not deemed to have entered into the legal proceedings, unless he/she has adequate funds to cover any adverse costs which may arise. The official receiver may, when informing the court of the insolvency proceedings, refer to the decision in Re Roberts Petroleum. If the official receiver follows the advice given in this paragraph, it is considered that he will not have entered into the proceedings.
Notes: [Insolvency Act 1986 section 183 or section 346]

DD

taib0

Thanks guys, can't wait to call em :T
Regards

taib0

curly04

thats sounds great for you
good luck

out_of_cash

good luck to you

taib0

What an absolute Numpty I am !!

Just called the Solicitors in Oxford proper pleased with myself and she tells me the order was made final in March 2007 what a bummer.....It was so long ago I forgot there was 2 orders during those horrible days one was made final after and one before. Anyway, here they come two years later with the threats, she said she will put an Income & Expenditure form in the post with a copy of the final charging order and we have to fill it in and send it back. I'm in a catch 22 now because if we show that we have very little left each month they may just think sod it we'll make them sell the house. On the other hand if we show we do have money left over will they want it all ?

Don't believe we're back in the race thought it was all over for us.

Has anyone had experience of filling in one of these forms when its for a solicitor representing their client and not an OR who we thought was brilliant and actually sympathised with our situation.....SCARED NOW