Interim charging orders

neilb1

Hi,

In January my house was repossessed and was marketed on behalf of GE Money by Bridgefords. In may they managed to sell the property and Simply law who are acting on GE's behalf have now transferred the surplus funds to the second charge who bought the original debt from British credit trust. So technically my BCT debt is now clear but there is still surplus funds left over.

Simply law sent a copy of the charges register for my old property and after the British credit trust part there are 2 more listings which read as follows.

(06.05.2008) Equitable charge created by an interim charging order of the XXXXXXX county court dated 24 April 2008 in favour of welcome financial services limited.
Note: Copy Filed

(06.05.2008) Equitable charge created by an interim charging order of the XXXXXXX county court dated 12 October 2009 in favour of Child Support Agency.
Note: Copy Filed


Now I understand that an interim charging order is the 1st stage of obtaining an actual charge on the property but as you can see by the dates it seems that Welcome and the CSA either didn't go for the full charge or were maybe refused due to the other 2 charges (GE and BCT)

What I would like to know is if Welcome and the CSA will be able to make a claim on the money owed to them because to claim their money they would have to gain a court order to put the charge on the property. But seeing as the property no longer belongs to myself and my Ex partner I cant see how this could be possible?

Also the CSA debt is solely mine and the property that I used to own was a joint venture. When I say joint, I used to own the house outright and decided to secure a loan on it then a mortgage then a remortgage (sigh) . Because I was with my partner at the time we were told that it had to be a joint mortgage.

For my sins I have lost practically everything I own apart from the clothes on my back and a bin bag full and I currently reside on anyone's sofa that is kind enough to put me up (or put up with me). The surplus that is left over could give me a second chance to get back on track and make a new start with my life.

Thanks in advance if anyone can help

Regards

Neil

P.S. Welcome ignored all letters from the CAB when I went to them for help. I handed the car back exactly halfway through the loan period and was under the impression at the time I was in my right to do so and be able to walk away from it debt free. They however still insist I owe them £1500 plus whatever interest has accrued.

P.P.S Do courts allow interest to be added to final charging orders or have I been led up the garden path by BCT.

Sorry for the long post

neilb1

Anyone have any ideas?

Ganymede

neilb1 wrote: »

Hi,

In January my house was repossessed and was marketed on behalf of GE Money by Bridgefords. In may they managed to sell the property and Simply law who are acting on GE's behalf have now transferred the surplus funds to the second charge who bought the original debt from British credit trust. So technically my BCT debt is now clear but there is still surplus funds left over.

Simply law sent a copy of the charges register for my old property and after the British credit trust part there are 2 more listings which read as follows.

(06.05.2008) Equitable charge created by an interim charging order of the XXXXXXX county court dated 24 April 2008 in favour of welcome financial services limited.
Note: Copy Filed

(06.05.2008) Equitable charge created by an interim charging order of the XXXXXXX county court dated 12 October 2009 in favour of Child Support Agency.
Note: Copy Filed


Now I understand that an interim charging order is the 1st stage of obtaining an actual charge on the property but as you can see by the dates it seems that Welcome and the CSA either didn't go for the full charge or were maybe refused due to the other 2 charges (GE and BCT)

What I would like to know is if Welcome and the CSA will be able to make a claim on the money owed to them because to claim their money they would have to gain a court order to put the charge on the property. But seeing as the property no longer belongs to myself and my Ex partner I cant see how this could be possible?

Also the CSA debt is solely mine and the property that I used to own was a joint venture. When I say joint, I used to own the house outright and decided to secure a loan on it then a mortgage then a remortgage (sigh) . Because I was with my partner at the time we were told that it had to be a joint mortgage.

For my sins I have lost practically everything I own apart from the clothes on my back and a bin bag full and I currently reside on anyone's sofa that is kind enough to put me up (or put up with me). The surplus that is left over could give me a second chance to get back on track and make a new start with my life.

Thanks in advance if anyone can help

Regards

Neil

P.S. Welcome ignored all letters from the CAB when I went to them for help. I handed the car back exactly halfway through the loan period and was under the impression at the time I was in my right to do so and be able to walk away from it debt free. They however still insist I owe them £1500 plus whatever interest has accrued.

P.P.S Do courts allow interest to be added to final charging orders or have I been led up the garden path by BCT.

Sorry for the long post

Hi,

I suspect that Welcome and the CSA do have Final Charging Orders but once the ICO has been registered there is no required to them register the FCO as well.

Did you not get served with a hearing date for the FCOs?