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charging order - Question
cloudbase
Posts: 9 Forumite
I have been sued by a creditor for 15K and currently have a CCJ against me.
They have said they are going to get a charging order against me, my partner currently owns the house and the house is in sole names
I have read the practice directions on the land registry website about charging orders *on a beneficial interest under a trust of land* - .gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders
Now there is nothing on title deeds which indicate that i own any beneficial interest in the property.
I dont believe the creditor would be able to get a charging order in such circumstances as they have no proof that i have paid anything in the property transaction.
What sort of proof would a creditor require to convince a court?, am i right in thinking this is extremely unusual if not impossible.? There is no constructed trust in place regarding the property and i dont believe the creditor would have any case
They have said they are going to get a charging order against me, my partner currently owns the house and the house is in sole names
I have read the practice directions on the land registry website about charging orders *on a beneficial interest under a trust of land* - .gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders
Now there is nothing on title deeds which indicate that i own any beneficial interest in the property.
I dont believe the creditor would be able to get a charging order in such circumstances as they have no proof that i have paid anything in the property transaction.
What sort of proof would a creditor require to convince a court?, am i right in thinking this is extremely unusual if not impossible.? There is no constructed trust in place regarding the property and i dont believe the creditor would have any case
0
Comments
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If the house is not in your name, they cannot touch the house, however I would start to pay off the 15k if you truly owe it and think why you owe that much.
The debt free wannabee forum is useful and hit that debt hard"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
What if they claim I have beneficial interest ?
What proof would they require to show beneficial interest ?0 -
The property is in your partners sole name?
Has he signed a deed of trust to say he’s holding it for you and him? If not as above they can’t put a charging order against a house that is not yours.0 -
It is probably a copy/paste response from the creditor.
I doubt they've actually checked the land registry.0 -
They may very well have a case. If you split from your partner tomorrow would you have a claim against him/her? You might very well have, they will explore this avenue.
Your name doesn't need to be on the deeds to have a beneficial interest.0 -
Lizabeth21 wrote: »The property is in your partners sole name?
Has he signed a deed of trust to say he’s holding it for you and him? If not as above they can’t put a charging order against a house that is not yours.
Nope I haven't0 -
They may very well have a case. If you split from your partner tomorrow would you have a claim against him/her? You might very well have, they will explore this avenue.
Your name doesn't need to be on the deeds to have a beneficial interest.
No I have no claim on the property what so ever. My partner purchased the property with no funds from myself and I paid for no major works on the property.0 -
You could always pay your debt & the problems go away: just a thought.
Entirely possible to have a beneficial interest in a property held by someone else in their sole name, possibly substantial interest. Doesn't need to be mentioned in deeds. Might be a smart move by the person you've failed to pay. Was property ever in your name - solely or joint?
May we please know what the debt is for, please?0 -
theartfullodger wrote: »You could always pay your debt & the problems go away: just a thought.
Entirely possible to have a beneficial interest in a property held by someone else in their sole name, possibly substantial interest. Might be a smart move by the person you've failed to pay.
May we please know what the debt is for, please?
The creditor would however have to prove any beneficial interest wouldn't they ? Without evidence of beneficial interest they are some what stuck are they not ? All very well and good claiming something but being able to prove is a different matter?
You are correct about having interest with out being on the deeds
I would rather not go into what the debt is for0 -
steampowered wrote: »It is probably a copy/paste response from the creditor.
I doubt they've actually checked the land registry.
This is correct. If it's not registered as yours, this is a non-starter. The creditor would never be able to prove any beneficial interest.
Post on debt-free wannabee if you want debt-related advice0
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