Charging Order from Welcome Finance legal or not?

Shelleyc78

Hi

Hope someone can help 🙏🏻

My partner and i purchased our house in 2006 as joint owners.

Around 2007/8 he (stupidly) took a loan from welcome finance. He told me of it at the time and said the “friendly” guy at the office told him the £10k loan was undecured but would be transferred to a secured loan if payments were not maintained.

In 2009 he was made redundant and stopped making payments.

In 2010 he was diagnosed with terminal cancer.

In 2012 we got married. In 2013 he passed away.

He never had any correspondence from welcome regarding the debt. I had assumed, although didnt delve that the ppi he had kicked in when he was redundant and it was wiped off.

In 2015 i found out that there was a charging order from Progressive Finance who i later found out was Welcome Finance and it was added as soon as he took the loan out.

Last month i received a letter from Hoist Financial Uk addresses to my husband asking fir £27,000!!

I sent them a copy of my husbands death certificate and received a letter back confirming the case was closed and i would hear nothing further from them or any otger agency regarding the matter.

The charge still shows.

What do i do!!!!! Im looking to sell soon and £27000 will eat up a lot if the equity!

Really panicking...

Shell

financegeek

Hi Shell

welcome to MSE and I'm sorry you've been through a hard time recently.

I'm not sure if this is the right way to do this, but my first port of call would be to try and contact Hoist Financial and ask why they still have a charge against your property (assuming they've taken over the charge) as they've clearly stated that the case was closed.

I wouldn't mention to them that you're intending to sell, as they may decide to pursue your husbands estate for the debt (assuming this wasn't wound up fully at the time?) if they think it may soon have liquid assets.

they may not talk to you / refuse to remove it / just generally be difficult so to get this sorted you're probably best off seeing a solicitor, to ensure it's all done properly and that your husbands estate is all wound up correctly.

Good luck, hope you manage to get it all sorted

Bermonia

Regrettably then saying car is closed may only amount to them no longer chasing - with the charging order in place they could just wait and receive the funds upon sale of the property at anytime in the future.

You will no doubt get varying responses on her, would suggest speaking to Citizens Advice Bureau or preferably a solicitor if you can.

sourcrates

Hi,

If you were joint owners, and the loan was in his name only, then they have not got a charging order, it will only be a restriction.

The “friendly guy at the office” will have got him to voluntarily agree to a charging order, as a loan cannot be “transferred” in that way, except by court order for non payment.

You should contact the land registry and see what actually is registered against the property.

JamesBrown

Hope you get rid from this problem soon.