Discovered a charging order but no ccj on file

Jcbkabs

I applied for a lease for some equipment to expand my business they have come back and want proof that a restriction is satisfied. I had responded to a letter back in 2011 about a MBNA credit card for which I couldn’t pay due to being of i’ll But the address on this form didn’t match my address. They had a house number not a name of a house. But as I knew the temp postman he delivered this to me I responded and I received nothing else.
I’ve spoken to the joint owner and they didn’t receive notification from land registry or court about this charging order.
I had some concerns that my final balance was around £3100 by the notice from Northampton court was for the same but the Charing order is for over £5000.
Restons have used three different address for my address non match the one MBNA used but I have a screen shot from MBNA show a number instead of a house name.
Joint owner not happy she’s not been informed of charging order (restriction on my percentage of the property which is around 5% of the property)

What’s the quickes way to sort this or am I stuck?
Last payment jan 2011 last letter sent aug 2011. Charging order 28/Oct/2011

jonesMUFCforever

Pay it off and get the charging order removed.
Not sure why the 95% holder is miffed as in the event of a sale he/she would still get 95% of the proceeds but you would have to pay out of your share.

National_Debtline

Hi Jcbkabs and welcome to the forum


If the charging order was obtained due to a CCJ in 2011, that CCJ will no longer show on your credit file because it is now more than 6 years old. Unfortunately you will still owe the debt and the charge will remain until the debt is paid off. When you received the letter with the house name on it, was that a court claim? And did you tell them they had made a mistake with the address?


Both you and the joint owner of the property would have to have been notified of the charging order application. But it may be feasible that if they continued to use the wrong address this information was not received.


It is possible for interest to continue to be added to a debt after a CCJ has been made but there are some specific rules that must be followed if the CCJ was made after October 2008. These include that there must be a term in the original credit agreement that says interest can be added after judgment, you must be sent a notice from the creditor telling you they intend to add interest and a new notice must be sent every 6 months. You can find more information on this here https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtinterestcharges/interestonaccj.aspx.


Susie
@natdebtline

sourcrates

Also as the judgement is over 6 years old, to take further enforcement action, they would need to seek permission of the court.

The court may not grant this permission as they may feel 6 years is time enough to exercise their rights.

Jcbkabs

Thanks for the reply!!!8217;s

I phoned the court today they have a direrent house marked down for me and it!!!8217;s different to the one at the land registry has.They have sent bailiffs to this other house. They also said it!!!8217;s a charging order not a k restriction even tho house is jointly owned.

Also phoned MBNA debt been sold they have the same address as the court but a different post code and it!!!8217;s different address to the last statement I received from MBNA but the same as a letter I had in a SAR request from MBNA. MBNA informed me is been sold to MFS?

What should I do

Jcbkabs

Yes I went to the court and spoke to the judge and restons solicitors I showed my driving licence to clarify the address. Judge adjourned and said I would receive a letter to reattend I’ve never received letter.

Other owner was also not notified by the land registry that the interim charge was applied for, this is what she’s not happy about as I didn’t tell her.

PixelPound

For a charging order to be placed on they have to verify its your property, and it can be done on your part of a joint owed house. Should the property be sold they will receive payments from your portion before you do.

Is your question about trying to find a technical loophole, i.e. your property has a name but they addressed letters to a number rather than a name - they could have used Royal Mail's addressing system for this. It does not make the debt any less valid. That they have been trying to deliver to different addresses doesn't affect it, just means they have been doing due diligence to find you.

You had responded, even if the address was wrong - did you then provide the correct address?
At present there is the charging order on the house, if you pay off the debt it will get removed, otherwise it will be paid once the house is sold. Is the house been sold or is it just that the majority holder is annoyed it's on there? You can contact Restons and offer to pay the debt, if you can't afford it in one go then see about a payment plan. If the house isn't been sold yet then when you pay it off they will remove the charging order.

Land_Registry

Jcbkabs wrote: »

I applied for a lease for some equipment to expand my business they have come back and want proof that a restriction is satisfied. I had responded to a letter back in 2011 about a MBNA credit card for which I couldn!!!8217;t pay due to being of i!!!8217;ll But the address on this form didn!!!8217;t match my address. They had a house number not a name of a house. But as I knew the temp postman he delivered this to me I responded and I received nothing else.
I!!!8217;ve spoken to the joint owner and they didn!!!8217;t receive notification from land registry or court about this charging order.
I had some concerns that my final balance was around £3100 by the notice from Northampton court was for the same but the Charing order is for over £5000.
Restons have used three different address for my address non match the one MBNA used but I have a screen shot from MBNA show a number instead of a house name.
Joint owner not happy she!!!8217;s not been informed of charging order (restriction on my percentage of the property which is around 5% of the property)

What!!!8217;s the quickes way to sort this or am I stuck?
Last payment jan 2011 last letter sent aug 2011. Charging order 28/Oct/2011

If we notify the registered owner then we would use the contact address from the register. This will be the one applied for at the time of their registration or as per any later update applied for.

As with all post items may get lost or undelivered. The other comments suggest that it is mnore likely that it was lost in the post or undelivered rather than we did not issue a notice.

I say 'If we notify' as it is unclear what the restriction's wording is so I can't be sure what was applied for and then registered.
You already appreciate that if the charging order was against just you, and the property is jointly owned, then a form K restriction is usually the one which is registered. However the devil is always in the detail and the court order may have been for something else.

Jcbkabs

Thanks for the reply and help I!!!8217;ve sent the email thanks

Jcbkabs

Just spoken to a friend have a couple of questions

Can I find out it the charging order sent to land registry had a stamp and signature and correct property address address ?

Also how do you stop a charging order being transferred to the company debit was sold to as CCJ is over 6 years old and hasn!!!8217;t had any payments or enforcement action?

Sparx

I think you need to stop trying to find a loophole (I doubt there is one) and focus more on paying your debts. Usually charging orders as mentioned can still continue to incur interest, hence the balance has gone up from £3100 to over £5000 as you say in your OP.

That's why companies go for charging orders if you're a homeowner and don't play ball. They can sit and play the waiting game. Get a CO on the house, you accrue more interest and eventually they will get their money...

But then you/partner/ex whoever have lost a chunk of equity in the house because you've buried your head in the sand and ignored this debt.

Just my 2p