Charging order on house

Itsallgonepearshaped

Hi.
I went bankrupt in 2009, discharged in 2015 and the family home was put back into my name in 2013. The debt included in the bankruptcy included a credit card amount to Natwest. I've just accepted an offer on the house and the conveyancer has found a charge on the deeds relating to the bankruptcy and one relating to Natwest. I've chased the insolvency service and they have confirmed the charge relating to the bankruptcy shouldn't be there so that's fine. With regards to the Natwest debt I can remember arguing in court when they were applying for a CCJ that I was planning on going bankrupt a few weeks later so giving Natwest a judgement would benefit them compared to my other creditors. I can't remember seeing anything about a charge on the house being put on in favour of Natwest although it was a long time ago. The Natwest debt was definitely included in the list that was submitted to the insolvency service for the bankruptcy and I haven't heard anything from Natwest in the 8 years since the bankruptcy. If the debt was included in the bankruptcy is there anything I can do about the charge on the house as it's holding up the sale at the moment. Thsnks

antrobus

Itsallgonepearshaped wrote: »

With regards to the Natwest debt I can remember arguing in court when they were applying for a CCJ that I was planning on going bankrupt a few weeks later so giving Natwest a judgement would benefit them compared to my other creditors.

Was your argument accepted by the court?

Itsallgonepearshaped wrote: »

If the debt was included in the bankruptcy is there anything I can do about the charge on the house as it's holding up the sale at the moment.

Including a debt in bankruptcy doesn't effect the security any creditor has. The question would be is the charging order valid.

When was it registered?

Itsallgonepearshaped

I can remember the CCJ being granted and seeing some paperwork around that but I can't remember anything about a charging order so I don't know if the order is valid or not as I only found out about it when the conveyancer rang me today to say there was a problem. The CCJ was very close to the date I went bankrupt from memory so they were trying to get what I thuoght at the time was an unfair advantage over my other creditors by pushing it through knowing that bankruptcy was a real option at the time. I tried phoning NatWest just now and they said my file was closed in 2013 which would suggest the amount was included in the bankruptcy and written off although they have said they will investigate it. If they have written it off through the bankruptcy so I effectively don't owe them anything (as I haven't heard anything from them for 8 years I would have assumed that would be the case or they would have been in touch at some stage chasing it?) would that mean the charging order would be in place but the balance owed would be zero ? It's all a bit confusing !

Samsung_Note2

Its my understanding if its on the land registry then you will have a charging order...odd they havent been in contact with you over the years though.

I've had same issue with Link Finical when i was just about to go bankrupt they went for a CCJ and charging order,all went through very quickly...that was 2010 and since CCJ/Charging order they have sent documents once a year stating growing interest until the the equivalent of the loan would have run its course and then yearly Written/called asking for payments.

Always told them no and would pay when im good and ready...they seem very reluctant to actually try and force me to pay.

antrobus

Itsallgonepearshaped wrote: »

I can remember the CCJ being granted and seeing some paperwork around that...

That's logical. Otherwise everyone would use that argument to dodge a CCJ.

Itsallgonepearshaped wrote: »

...

I tried phoning NatWest just now and they said my file was closed in 2013 which would suggest the amount was included in the bankruptcy and written off although they have said they will investigate it. If they have written it off through the bankruptcy so I effectively don't owe them anything (as I haven't heard anything from them for 8 years I would have assumed that would be the case or they would have been in touch at some stage chasing it?) would that mean the charging order would be in place but the balance owed would be zero ?

Writing off a debt is an internal process. It doesn't effect legal liability. Some lenders who obtain a charging order will indeed 'forget' all about the original debt, knowing that in the fullness of time someone will want to sell the property, be obliged to satisfy the charge, and they'll get a Brucie bonus.

Is your conveyancer a solicitor? What do they say?

Itsallgonepearshaped

Thanks. It's definitely wierd to me they haven't been in touch during all this time and they said the file was closed in 2013 even though they have a charging order on there. Not sure what it means though haha

Itsallgonepearshaped

Is your conveyancer a solicitor? What do they say?[/QUOTE]

Thanks- that makes sense unfortunately. Do you have any ideas why a charging order would be invalid ?

The only thing the conveyancer said is that they would have to charge me an additional £1500 to deal with it although that was when they thought there was a bankruptcy on there. The insolvency service were very helpful and sent me a copy of the form they sent to the land registry in 2013 to take the charge off so I'm hoping that stops then charging me a fortune extra !

silvercar

The only thing the conveyancer said is that they would have to charge me an additional £1500 to deal with it

I take it you are going to query that. Sounds like they are plucking figures from the air.

Itsallgonepearshaped

The 1500 was to deal with a bankruptcy so I'm hoping the fact I've pointed out it was a !!!! up between the insolvency service and the land registry and sent them the form that went to the land registry in 2013 to take the charge off will bring it down to zero - fingers crossed

debt_doctor

Hi,
So, I presume that one notice was from the OR regarding their interest in the property - and it seems they have agreed this should no longer be there?
The Nat West charge is presumably from an earlier CCJ. You must discover when a FINAL charging order was obtained. If it went final before the date of your bankruptcy then the secured debt was outside the scope of bankruptcy - so you still owe it
If it went final after your bankruptcy then that enforcement should not have been allowed to happen - and you would need to put that to Nat West (in the first instance).

DD

Itsallgonepearshaped

Thanks- do you know how I find out what the date of the final charging order is ? Would that be listed on the deeds ?
Thanks