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Charging order on parents house
dmjscott
Posts: 17 Forumite
Long story short my mum had legal case that she lost, she had nothing but her house as assets. legal aid solicitors the lot agreed the only money she had was in a jiontly owned house
Now the legal aid have bin bouncing the £104,000 Debt to different credit brokers, most don't want to deal with it as the half of the house is being seeked by proceeds of crime due to the court case she lost
Now this new one has issued charging order dated 10sept it states I've got to appeal it etc within the time frame
Ok it's my understanding they carnt get a charging order on a jiontly owned house
The house is worth 140k my mum's legal aid debt is 100k my mum and dad are jiontly owned on the house
Now the case hasn't even finished but somehow the legal aid have got this to court, I didn't know this was the case until today so I'm getting my solicitor on it in the morning
What is the legal stance on the charging order on the house etc is my dad set to lose the house for my mother's legal aid debt
Bare in mind these are 80 year old people
Thank you for your time
Now the legal aid have bin bouncing the £104,000 Debt to different credit brokers, most don't want to deal with it as the half of the house is being seeked by proceeds of crime due to the court case she lost
Now this new one has issued charging order dated 10sept it states I've got to appeal it etc within the time frame
Ok it's my understanding they carnt get a charging order on a jiontly owned house
The house is worth 140k my mum's legal aid debt is 100k my mum and dad are jiontly owned on the house
Now the case hasn't even finished but somehow the legal aid have got this to court, I didn't know this was the case until today so I'm getting my solicitor on it in the morning
What is the legal stance on the charging order on the house etc is my dad set to lose the house for my mother's legal aid debt
Bare in mind these are 80 year old people
Thank you for your time
0
Comments
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On a jointly owned home, where only one of the owners were subject to legal action, the creditor can only obtain a restriction, and not a full charging order,
I am no expert in this area, so I suggest you make your solicitor work hard for their cut, and get the full details from them.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks it's my understanding as well but I have the intrem charging order and I was confused0
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