Interim Charging Order

Chuggabug

I have just check land registry documents, and it lists 2 INTERIM charging orders...does this mean that they have to be full charging orders before they can force sale? I believed them to be full charging orders, and the solicitor is threatening to go for an order of sale....have I misunderstood?
Thanks.

Chuggabug.

sourcrates

Chuggabug wrote: »

I have just check land registry documents, and it lists 2 INTERIM charging orders...does this mean that they have to be full charging orders before they can force sale? I believed them to be full charging orders, and the solicitor is threatening to go for an order of sale....have I misunderstood?
Thanks.

Chuggabug.

Hi,

An interim charging order is usually granted by the court to stop you from selling your property before the final order can be made without your creditor knowing. If a court grants your creditor a final charging order, this means that if you sell your property, you must pay your creditor back out of the proceeds.

An interim charging order is usually made automatically and a copy will be sent to you. The court will decide at this stage when a full hearing will take place.

An interim charging order does not mean that a charging order has been made against you. There will need to be another hearing for a charging order to be made final and you will still have an opportunity to argue against it.

At the hearing the court will decide whether or not to make the interim charging order final. It's very important you attend this hearing.

The date for the final hearing should be at least 21 days after you've received the interim charging order. This is to give you time to prepare any arguments you want to make about why the charging order should not happen.

Chuggabug

These interim orders were both 2008...why would it have been left? Can I get rid of them?

Thanks,

Chuggabug.

dancingfairy

It sounds very odd. Do bear in mind that a charging order sites not mean you will be forced to leave your house. I have been on here for a long time and I have never heard of a charging order being enforced. It really is so unlikely. The solicitor would appear to be talking rubbish and trying to frighten you.
I honestly don't know what you do with an interim charging order. I guess if you order copies of your credit files from all 4 credit agencies it might give you more of an idea whether a full order was granted and the land registry not updated or whether the charging order was not finalised. I would guess if it's an interim order only and has not been made final that there is some sort of process to get it removed, I guess you would have to go to court and ask for it to be set aside. It might be worth speaking to national debt line for help and advice.
Df

dancingfairy

One thing that did strike me is perhaps it was early on when charging orders were only just beginning to be introduced so maybe that's why there was confusion or perhaps the creditor had issues and has to put cases on hold and didn't come back to it.
Further digging will be required to get to the bottom of what's happened here.
Df

fatbelly

Looks like this is more common than you might think. Instructions to solicitors:

"There is usually no need for Solicitors Office to register the final charging order if the interim charging order has already been registered unless there are exceptional circumstances such as imminent bankruptcy. You should therefore draw any exceptional factors to Solicitors Office attention."

So they were probably made final but never registered

Chuggabug

Thanks for the replies. I am checking with the credit reference agencies, but if it is correct, can i have them cleared off, and if so how?
Thanks in advance.
Chuggabug.

fatbelly

The CRAs won't show anything. The ccjs that underlie the charging orders will be 2008 or earlier and would have been dropped from your credit report on their sixth anniversary.

You'll need to contact the courts involved, or the creditors themselves if you want the details of what happened when.

Chuggabug

Thanks. How do I go about asking the courts if there is a final charging order...is there a template? I know which courts from the land registry, but have no reference details. What do I say?
Chuggabug.

fatbelly

Chuggabug wrote: »

Thanks. How do I go about asking the courts if there is a final charging order...is there a template? I know which courts from the land registry, but have no reference details. What do I say?
Chuggabug.

Exactly that. Just phone them (there's usually dial 1 for civil matters or something like that) then ask was this made final? When?