Charging Order on my property?

jools39

Hi

Some time ago I was threatened with a CCJ for an old debt. I had had a CCJ on this around 10 years ago, but was not aware of it having moved around the time it was issued.

When I got threatened with the 2nd CCJ I paid the debt in full.

Now the debt collectors in question, who are well known here, have claimed I still owe them over £5000 and I think they are referring to after judgement interest.

I recieved a letter offering a 50% sum as a full and final settlement, and the first sentence claims "We currently hold a secured interest in your property as a result of previous legal action"

Could they have a charging order on my property despite the fact I paid the original debt in full before the 2nd ccj hearing?

How can I find out if there is one?

I have looked at the land registry searches site, but it is not obvious.

Thanks for any advice.

Byatt

I should know how to answer this, because I had a charge on my property, but sadly I can't remember. I am sure however, someone will come along who does.

thechippy

jools39 wrote: »

Hi

Some time ago I was threatened with a CCJ for an old debt. I had had a CCJ on this around 10 years ago, but was not aware of it having moved around the time it was issued.

When I got threatened with the 2nd CCJ I paid the debt in full.

Now the debt collectors in question, who are well known here, have claimed I still owe them over £5000 and I think they are referring to after judgement interest.

I recieved a letter offering a 50% sum as a full and final settlement, and the first sentence claims "We currently hold a secured interest in your property as a result of previous legal action"

Could they have a charging order on my property despite the fact I paid the original debt in full before the 2nd ccj hearing?

How can I find out if there is one?

I have looked at the land registry searches site, but it is not obvious.

Thanks for any advice.

All this sounds a bit strange. You can't get another cca on the same debt. Someone can only try to enforce an existing one that's unsatisfied - but you say it was paid in full?

If a dca is claiming interest, they can go and swing!

More info please.

Original creditor
Who got the ccj
Who is the dca now.

Sounds like the usual scumbag dca phishing trip to me....;)

Edit.

Don't worry about the "supposed charge" atm

There is also the issue that this may well be statute barred by now, but can't tell without more info....

RedTulip

Hi Jools39

I would imagine you would be aware of a charging order on you property as a charging order basically creates a legal interest in your home, meaning it cannot be sold with out paying the debt.

I agree with thechippy, looks like they might be trying it on.

Bettie

Once the debt was cleared it would be normal practice for the company to have the charging order removed.
Writing to the Land Registry to confirm it was removed would have been a good idea, however it seems you didn't know there was an order? That is strange because they should have put an interim charging order on your property and then you would have been informed and had the chance to go to court to try to stop the final order being put on your property.
You can look at your title deeds online to see if there is a charging order on them, I think there is a charge of £14.95 to look at the Title deed ( or register as they call it now).
Have a look here http://www.land-reg.co.uk/landregistrytitleregisters.aspx
I went to a solicitor recently and he took about one minute to get the Title Deeds to my house so I guess they have instant access, maybe paying an annual fee for the privilege, it may be worth seeing one and then get the solicitor to download the info.

Lucy1010

Byatt wrote: »

I should know how to answer this, because I had a charge on my property, but sadly I can't remember. I am sure however, someone will come along who does.

Please would you mind telling me what happened with that?

Byatt

Lucy1010 wrote: »

Please would you mind telling me what happened with that?

With the charge? My house was sold and they were paid from the equity.

Lucy1010

Byatt wrote: »

With the charge? My house was sold and they were paid from the equity.

Sorry I had to edit this... it was late last night

So was it a big debt and were you forced to sell the house?

I have a charging order of £2200 and I have no intention of selling the house not for a good few years anyway

Lucy1010

Byatt wrote: »

With the charge? My house was sold and they were paid from the equity.

Sorry I had to edit this... it was late last night

So was it a big debt and were you forced to sell the house?

I have a charging order of £2200 and I have no intention of selling the house not for a good few years anyway

jools39

thechippy wrote: »

All this sounds a bit strange. You can't get another cca on the same debt. Someone can only try to enforce an existing one that's unsatisfied - but you say it was paid in full?

If a dca is claiming interest, they can go and swing!

More info please.

Original creditor
Who got the ccj
Who is the dca now.

Sounds like the usual scumbag dca phishing trip to me....;)

Edit.

Don't worry about the "supposed charge" atm

There is also the issue that this may well be statute barred by now, but can't tell without more info....

Hi and thanks for the reply.

To elaborate a little.

I was issued with a CCJ in July 2001 for around 6K it was for a debt owed to the First National Bank PLC

I was not aware of this having moved and not received forwarded mail.

In March 2009 I got notice from Asset L ink Capital they had applied to the county court to be granted leave to enforce the judgement.

In Sept 09 I got notice that the hearing would be in October 2009 which included an application for a charging order on my property.

Sept 09 I got notice of an interim order on my property.

Oct 09 I paid the full amount on the CCJ prior to the court hearing. It was my debt and I was in a position to pay it so I did thinking that would be the end of it.

I was led to believe that this would prevent the order being confirmed.

In Nov 09 I received notice from the court that it was ordered that "the claimant has permission to withdraw the application for a charging order and the interim charging order is discharged"


In Feb 11 I received a letter from L ink Financial offering a Special Offer for a full and final setttlement for the sum of around 5K they claim I owe them for 50%. I think they are claiming that I owe them after judgement interest on the original CCJ?

The first sentence of this letter says "We currently hold a secured interest in your property as a result of previous legal action"

Today I got a copy of the Land Registry report on my property and there is no mention of any charge on it.

That is the info as I have it.

Any suggestions as to where I go from here?

Thanks in advance.

Byatt

Hi jools,ooops I mean Lucy, it wasn't a big debt and I had to sell because of a divorce. I think if I hadn't had to sell, then the charge would remain until I did. I was sent a load of paperwork, so that would have explained more, but because of the divorce etc being so traumatic, I forget things.

Do you have proof there is a charge? Besides the letter? Bettie's post above gives info about checking. I'm sorry I'm not much help, I'm very woolly headed today.