Charging order Advice

Samsung_Note2

fatbelly wrote: »

There would have been a ccj and the court number usually (I think) gets mentioned in the restriction, which is probably what you have.

You do need to check these things on the Land Registry site - costs £3

https://www.gov.uk/search-property-information-land-registry

is genuine - there are a lot of fakes out there

The interim order is enough for the land registry so that is usually what gets a mention. The entry should clearly state if it is a restriction or a full charge

The court should still have a record of the particulars of claim and the relevant dates.

Are you sure this was a ccj that went to a charging order or was it a secured loan? My memory is that they used to do these 10 years ago. If that's the case, the advice is completely different

Once again thank you for the helpfull advice.

No im not at all sure there was a CCJ ...at the time of the court action late 2009 early 2010 i was drugged to the eye balls whilst on Ciclosporin and methotrexate,staying alive on a daily basis was a challenge due to the side effects.

Only assume there would have been as i believe you have to have a CCJ to obtain a charging order.

Will buy a copy of land registry and also contact the court...hope they will deal with it as will be Vague at best,but fingers crossed.

From Land registry.

(15.03.2010) Equitable charge created by an interim charging order of
the Peterborough County Court dated 3 March 2010 in favour of Link
Financial Limited.
NOTE: Copy filed.

National_Debtline

Hi Samsung_Note2


The important thing to know here is if you have a charging order that is not being paid as the court directed on the original CCJ, the creditor could apply for an order for sale. These are rare but can happen.


With regards to the other post Fatbelly has linked to, it is correct that a charging order for a sole CCJ on a solely owned property (or joint CCJ on a jointly owned property) will be registered as a ‘notice’ with the Land Registry. Whereas a sole debt on a jointly owned property will be registered as a ‘restriction’.


With a restriction the claimant cannot prevent the sale of the house and is not automatically paid from the proceeds of the sale of the house. In reality though it can be hard to find a buyer who will proceed with the sale due to the restriction being on the Land Registry.


The issue with interest being charged can be complicated and I’d advise you get in touch with one of the free debt advice agencies for more help with that.


Susie
@natdebtline

Samsung_Note2

National_Debtline wrote: »

Hi Samsung_Note2


The important thing to know here is if you have a charging order that is not being paid as the court directed on the original CCJ, the creditor could apply for an order for sale. These are rare but can happen.


With regards to the other post Fatbelly has linked to, it is correct that a charging order for a sole CCJ on a solely owned property (or joint CCJ on a jointly owned property) will be registered as a ‘notice’ with the Land Registry. Whereas a sole debt on a jointly owned property will be registered as a ‘restriction’.


With a restriction the claimant cannot prevent the sale of the house and is not automatically paid from the proceeds of the sale of the house. In reality though it can be hard to find a buyer who will proceed with the sale due to the restriction being on the Land Registry.


The issue with interest being charged can be complicated and I’d advise you get in touch with one of the free debt advice agencies for more help with that.


Susie
@natdebtline

There doesn't seem to be any payment amount that's been ordered to pay...never have in 7+ years,when ive had a call they suggest paying to bring the balance down but have never said about an agreement or an order to pay.

Tried calling the court as don't recall ever seeing a CCJ for either myself and certainly not for the wife...assuming there must be one,just interested to find out when it was issued.

Just to clarify intest stopped a couple of years back as the loan term expired...hope that makes sense.

National_Debtline

Hi there again


Yes it does make sense thank you. If a payment plan was not set when the CCJ was made it means you had a forthwith judgement. And that means you were ordered to pay the debt in full rather than instalments.


You can apply to set up a payment plan now if you want some reassurance that the creditor can't apply for the sale of your property. You can find information on the process here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx


CCJs are only recorded for 6 years so unfortunately you will find it difficult to find any details about it. You can try and get the information from the claimant and if they don't provide any you could try making a Subject Access Request under the Data Protection Act. Be aware that making contact could make it more likely for the claimant to start pursuing you for payment.


Susie
@natdebtline

Samsung_Note2

Thanks for all the advice and help.

Think it would be wise to start paying a small sum each month as i've got no qualms on paying what i owe,and then hopefully come september we can remortgage and pay whats owed.