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Interim charging order
Mich644
Posts: 1 Newbie
I have just receive an interim charging order for £5600 for a CCJ. on county court fees and unpaid interest for major works. I am in the process of getting a BTL mortgage on the leasehold property that the interim charging order is on. I want to pay off the interim charging order debt but also want to challenge the debt itself as I do not believe it has been applied correctly and that the freeholder have broken the law. Does anyone know how I pay off the debt so the charge is removed from the Land Registry and so I can also continue to dispute the charge. How do I find out whether any other charges are due such as interest or application fees? Any advice would be greatly appreciated.
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Comments
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Your chance to dispute the debt was during the court case that decided on your CCJ & charging order. You need to declare this to any lender ASAP. I doubt many lenders would proceed with a mortgage to someone with a CCJ.
Strongly suggest you pay the debt TODAY - or fast - then argue the case.... Or nobody is going to want to give you any credit (landlords who bother to credit check - very cheap -, mortgages, mobile 'phone contracts etc etc...)
"Major works" and you didn't pay? What (roughly) were those major works, why didn;t you pay & why on earth did you let it get to court & why oh why oh why did you not then pay immediately to avoid a CCJ. Did you submit evidence to court and turn up there as invited?
Look forward to your response0 -
Does your dispute relate to the service charge itself (or the work done)...
...or does it relate to the legal process your freeholder followed to get a charging order?
If the service charge itself is the issue, you would challenge a service charge demand at a first-tier Tribunal.
However, I think you've missed the opportunity to do that, now that it's been decided by the County Court. i.e. You should have challenged the service charge a long time ago.
If it relates to 'major works', presumably there was a Section 20 consultation - which includes opportunities to challenge the plans.
You probably need to explain the basis of your challenge in a bit more detail.
Edit to add...
You're kind of lucky that the freeholder took this route. The freeholder could have opted to ask a court to forfeit your lease, for non-payment of service charges. i.e. You lose the flat and get no compensation.0 -
:lipsrseal
Speechless.0 -
Oh good, a buy to let landlord who doesn't pay for work done. Tenants just need someone like that as a landlord. I really hope they can't get a buy to let mortgage.0
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