Charging Order

Redkite1

I have a very historic debt which was with Mint. This debt went a bit toxic in 2010 and I ended up with a charging order on my property.
I have been making token monthly payments ever since and now wish to do something about this.

I have tried to trace the charging order, which is to Royal Bank of Scotland trading as Mint, but RBS say they have nothing to do with Mint. And Mint say that the debt has been sold on.

Does the charging order transfer to the company that now own the debt?

sourcrates

Hi,

A very good question, the charging order will be in the name of the original creditors, so the new owner would have to go to the land registry and get the charge transferred into there name, that’s assuming they know about it, they may not.

See what happens, have you checked the land registry at all ?

Redkite1

I have and the order is in the same name as the original creditor. Also contacted land registry but they will not give me advice.


I will have to make an application to have it removed and see what happens.

National_Debtline

Hi Redkite1


A debt can be sold on, even if a CCJ has already been obtained. For CCJ to be enforced by the new company they would have to make an application to the county court to have the CCJ transferred into their name. It would follow that they would also have to apply to have the charging order transferred into their name as well.


To remove a charging order you have to make an application to the county court. If you can show persuasive reasons it would be fair and just to remove the charge the court may agree. It may be you are in a position to clear the debt but can't find the company the debt has been sold on to (having made all reasonable efforts to do so). If you simply want the charge removed because it's in the wrong name that may be less likely to be successful. Certainly you'll need legal advice as there will be a fee to apply and you could incur costs if unsuccessful.


Best wishes


Susie
@natdebtline