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charging order with DLC/BLACKHORSE
kenchov1
Posts: 92 Forumite
Hi I have a joint property with my wife and I have a debt with dlc/blackhorse which is for 8k. My home is worth about 90k and a mortgage of 35 left on it in joint names.
Dlc blackhorse have a charging order on my debt. Am I right to think this is just a restriction as the debt is in just my name?
Also could they force the sale of my family home With a restriction charge? If I didn't keep up payments to them?
Dlc blackhorse have a charging order on my debt. Am I right to think this is just a restriction as the debt is in just my name?
Also could they force the sale of my family home With a restriction charge? If I didn't keep up payments to them?
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Comments
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It should be (a restriction)
Check the Land Registry to find out the wording
An order for sale application in your situation would fail 99.99% of the time.0 -
As fatbelly posts checking the register for £3 will confirm how it is protected although if the debt is yours and you hold it gently it is almost certain to be protected by a restriction on the title
This MSE thread offers some helpful posts re others in similar circumstances“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Land_Registry_representative wrote: »As fatbelly posts checking the register for £3 will confirm how it is protected although if the debt is yours and you hold it gently ...
Always best to hold debt gently.0 -
I worked in the collections call centre for Black Horse 2 years ago. Is the loan secured or unsecured? If secured and you sold the house, BH would get their loan settled after your mortgage was satisfied before any profit went to you. They don't bother reposessing houses unless the secured loan debt is over 10k.0
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I worked in the collections call centre for Black Horse 2 years ago. Is the loan secured or unsecured? If secured and you sold the house, BH would get their loan settled after your mortgage was satisfied before any profit went to you. They don't bother reposessing houses unless the secured loan debt is over 10k.
It sounds like it was an unsecured loan, secured by way of a ccj and a charging order. They can't get possession but have the theoretical route of forcing a sale through a court order.0 -
It sounds like it was an unsecured loan, secured by way of a ccj and a charging order. They can't get possession but have the theoretical route of forcing a sale through a court order.
Does depend when the charging order was granted, orders for sale are normally only granted as a last resort, if a creditor applied for an order for sale, there would be another hearing and you would have a chance to explain your situation to a judge.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
I have a charging order (CCJ) appied for a credit card debt, can I go back to the court to question the validity ? I was a bit new to the process 10 years ago, the debt is still £2,900 on a 3,000 balance. It was persued by DLC.0
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