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Final charging order adjourned - query

hello

I attended court today for a final charging order hearing brought by Shoosmith's on behalf of Nationwide, when I got there the court informed me the case had been adjourned. I received no notification so was understandably upset as I had worked myself up before today and also had to arrange childcare.


The court weren't sure why the case had been adjourned other than Shoosmiths had requested more time for the charging or something, despite the fact that I requested the case be transferred to my home court so they had months for any preparations and an interim order continued to be in place. I'm awaiting a response from Shoosmiths for an explanation but I just wondered if anyone else had experienced something like this and the reasons behind it?


Additionally I read an old thread on here about charging orders not being valid on a house jointly owned; they can only apply for a restriction, is this still the case does anyone know, or has the law changed now?


thanks in advance

Comments

  • sourcrates
    sourcrates Posts: 31,828 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi,
    Its anyone's guess why they wanted an adjournment, you will have to wait for there reply on that one I suspect.
    You are correct about a jointly owned property, if the charging order is only against one of the owners, then they can only apply for a restriction yes.
    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-letter
  • fatbelly
    fatbelly Posts: 23,139 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The court awards a charging order. It's just that it is recorded as a restriction rather than a full charge by the Land Registry. Full details on the Charging Order? The Myth thread
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