Charging Orders

jd2014

Hi all,

I'm hoping that someone may be able to help and point me in the right direction. I've looked through quite a few posts, but can't find anything that covers my query.

I am looking to remortgage a property I own and have discovered that there's an interim charging order from 2007 registered. Whilst the court haven't been able to provide and details, I have obtained the documents form the creditor that filed for the charging order.

The debt was my father's and the credit agreements are in his full name, however as we both share the same first initial and surname, when the credit have filed for the order, they have only filed with the initial - which I feel they have done on purpose to try and mislead the court.

I was unaware that this had been filed and unaware that the court had confirmed a charging order.

Just to clarify, the house was in my sole name, my father had no claim on it and the debt was in his sole name with no recourse to me.

Has anybody come across a similar issue? Or does anybody know how I can petition the court to remove the charging order based no the above facts?

many thanks

sourcrates

Hi,

Not a legal expert here, but my thinking is apply to the court for a set aside motion using court form N-244 on the basis the debt is not yours.

There is fee of £255.00, but as far as I am aware, it’s your only recourse.

Just_Di

jd2014 wrote: »

I am looking to remortgage a property I own and have discovered that there's an interim charging order from 2007 registered. Whilst the court haven't been able to provide and details, I have obtained the documents form the creditor that filed for the charging order.

The debt was my father's and the credit agreements are in his full name, however as we both share the same first initial and surname, when the credit have filed for the order, they have only filed with the initial - which I feel they have done on purpose to try and mislead the court.

I was unaware that this had been filed and unaware that the court had confirmed a charging order.

Just to clarify, the house was in my sole name, my father had no claim on it and the debt was in his sole name with no recourse to me.

Were you or your father living in the property when the claim was issued/served and the CCJ obtained twelve years ago? And how long ago was the Interim Charging Order registered?

An application to set aside the CCJ would normally be the first step, and then if there is no longer a CCJ there can no longer be an Interim Charging Order or any other enforcement measures.

This is complicated because if the claim was intended for your father then you might not be able to apply for the set aside since it's not your claim or CCJ.

A successful set aside would remove the CCJ but the claim would still be live and need to be defended by your father (presumably).

So can you clarify if the CCJ was obtained lawfully (claim issued against your father) but the Interim Charging Order has the issue (i.e. your father's CCJ is being secured against your house)?

Di