Discovered a charging order but no ccj on file

Jcbkabs

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

I think you miss the point as it!!!8217;s a restriction not a charging order HER EQUITY won!!!8217;t be lost she owned 95% of the house. Also I think you need to read about charging order on joint properties before having your 2p worth just saying...

Land_Registry

Jcbkabs wrote: »

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?

Jcbkabs - I have received and replied to your email so just adding here in very general terms to assist others should they wish to add anything

The CO is stamped, dated and refers t the registered address and title number for your property.

When it was registered as a form K restriction we served notice on both you and your wife at the contact address supplied in 2007/8 when your purchase was registered. That is a 'Plot' address and not the postal address now attached to your property.

We register COs in a variety of ways but we cannot advise on the wider process re their enforcement, settling of debt or collection of monies for example. Invariably a CO will remain on the register until removed either on application as it has come to an end/been dismissed/settled or there is a sale that triggers it's automatic removal.

The debt can often be transferred but the new creditor does not have to update the register. The details of the original CO are still in play so it's just the creditor who has changed.

There is a very useful thread on MSE entitled Charging order - the myth that covers a lot of ground re COs and in particular form K restrictions and how they are dealt with