charging order

novelli

Im looking for some initial advice if anyone is able to help,
30 years ago when i was pregnant with my first child, myself and partner purchased a property for £33,000 a few month after i had the baby my partner and i seperated. Cutting a long story short a court ordered that he pay me £3,500 in compensation/breach of trust, re the property that i was not living in but was still in my name. He had no money so the court put a charging order on the property. To be honest i never expected to hear about this again, but last year i was contacted by the solicitor of the woman he had married. (They r now divioced and she had the house as part of the divorce settlement, still with my name on the deeds. ) they said that the amount had been paid and she wanted to sell the property. Well no money has been paid to me whatsoever and i am still included in the documents on land registry as having this charging order outstanding, so unless i signed something they said she could not sell the house Communication fizzled out with them saying well maybe it was taken in legal fees (i was legally aided), but legal aid board had no record of this so it sort of ended up stalemate. This house is now a second property for her and she is renting it out so therefore making money on it, the mortgage would now be paid and i want to know how i would go about getting what is owed to me. and also would i be entitled to interest. i would be grateful for any advice anyone can offer thanks x

G_M

If you are still owed the money, and the debt is protected by the charge, write back politely saying you will be happy for the Charge to be removed as soon as the debt is paid.

novelli

G_M wrote: »

If you are still owed the money, and the debt is protected by the charge, write back politely saying you will be happy for the Charge to be removed as soon as the debt is paid.

i basically did that over a year ago and have heard nothing since. I was just wondering if i am able to do anything to get the funds and if interest can be added. The debt has been owed for 30 years!

ie can i enforce payment? she is probably happy to sit on it as is earning money from the rent and has no mortgage to pay on it, but i could do with the money, esp if interest is applicable x

G_M

The way you are enforcing payment is via the Charge. The property cannot be sold without the debt being paid.

If the arrangement made by the court was for interest to be payable, at a certain rate, then you can charge interest.

I assume that at the time you/the court looked at other enforcemnt options available (eg bailiffs, or taking it from his earnings) and decided to go down the Charging route.

novelli

G_M wrote: »

The way you are enforcing payment is via the Charge. The property cannot be sold without the debt being paid.

If the arrangement made by the court was for interest to be payable, at a certain rate, then you can charge interest.

I assume that at the time you/the court looked at other enforcemnt options available (eg bailiffs, or taking it from his earnings) and decided to go down the Charging route.

its so long ago i cant remember if interest was applied to it. i really didnt expect to hear anything further about it until the ex wifes solicitor contacted me, i didnt know the house had been given to her as part of the settlement.
What i need to find out is if i can now insist it is paid as the mortgage is settled and she is earning an income from it as well as working and owning other properties? has no dependents and is remarried x