Imterim Charging order

tish5670

Hello, Im new to this site and wondered if any one would be kind enough to advise. Three years ago my husband and I seperated i moved out of our home, he then rented for a while and we are now looking to sell the property. On going there today I found a lot of mail two letters from HL solicitors on behalf of Capquest. These are in both our names saying there is an Imtrim Charging order in place with a court date of 17 th July. I have no idea what this debt is as I did have a few in the past, I am now worried sick, the amount is £1400.

We are in the process of selling the house far below what its worth just to move on, we have a cash buyer and its due to complete on 30th June. Can the sale still go ahead.

As I have no idea what this debt is and how this has come about, how can I find out before this goes to court on the 17th. Im sorry is this is a bit long winded.

fermi

I believe an interim charging order would/could block the sale?

See: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

Are you aware of any CCJ in your names?

tish5670

No I wasnt aware of any CCJ against me but there must be or they wouldnt have got the order surely. I have not seen any letters prior to this one. There is no phone number on this letter to call them and its signed just HL Solicitors, the creditor named is Capquest, so I think they have a bought an old debt. I just dont know what to do now?

Sparklyfairy

Hi, very similar situation to this thread - same creditor, same court date & with an ICO!

I would call the Land Registry as a matter of urgency & explain your situation. Their details should be with the paperwork they sent you.

I have heard that, due to the costs involved in making an ICO a full CO, several creditors are now leaving it at the ICO stage getting the same outcome & saving some money from their end. Hardly fair if you're due to sell & left in limbo. Please update us & let us know what the LR says. HTH, SF x

tish5670

I have just read that thread, it looks very similar indeed. Im am still not sure how to handle this, if I phone the land registry would they be able to give me more details.

tish5670

I have spoke to a lady at the LR and she told me to download the title registry as any order would be shown on there. I have done this and nothing shows up to say any Hold is on the property.

Sparklyfairy

Did you explain to the LR that you only have an interim charging order - it's not been made final yet, but you have a buyer for your house. Ask how/if this will jeopardize your sale & if so, how? (On the cover of the ICO paperwork from the LR it states that you cannot sell your home while you have an ICO). Also, have you mentioned this to your conveyancing solicitor?

mrsb83_2

You must speak to the solicitor dealing with your conveyancing.

tish5670

I did explain to the land registry lady everything and she told me that it would show up on the registry, she then had me download to see. She was not very helpful. I rang my conveyancing solicitor, he just said send the letter to him and not to worry about it. When I pressed for more info he said it was not his area of expertise.

Sparklyfairy

Call LR again tomorrow, try to speak to someone different & ask them specifically what I posted in post #7. Ask specifically if it will hault the sale of your house. What she told you anyone could have, I agree she wasn't helpful to your situation. If the person you speak to can't answer your questions, ask her to find someone who can. THEY are the ones who deal with this on a daily basis.

I want to help you out but I'm kind of getting the impression that you either don't understand the situation you're in, you don't care that much or you don't want to press the issue with those that should be working for you. BTW, your solicitor should KNOW what to do in this situation, you have PAID him to do this for you - for him to say it's not his expertise is lame excuse imo. Get angry & when you don't get answers from those who should supply them, keep asking them!!

tish5670

I will call them again tomorrow, in truth I dont understand the situation or legal stuff. I have re read this letter a dozen times before it all went in. My solicitor just said forward the letter to him and dont worry. My daughter had an operation today and I kept nipping out to make phone calls. I will ring both again tomorrow. Thanks for your help.