Charge on property

Idris123

Hi

In need of advice/help

My dad recently underwent a kidney transplant so his health is far from great. I’m trying best I can to understand his finances and importantly what is owed on his property.

During our conversations he mentioned an IVA but also having tried and failed to get the charge on the property removed. Any outstanding monies owed on the property has been cleared - that’s what he tells me. He’s handed me a bunch of papers detailing what’s what and they name Westcot props up time and again.

My dad’s memory isn’t what it used to be and having had his kidney transplant and numerous weeks in hospital I don’t want to bug him and stress him out, so I’ve taken this on for him.

Where do I start? I’ve letters from Hull County Court, letters from his IVA and from Westcot. Obviously there’s data protection so do I get power of attorney? I can ask dad to confirm his details but I won’t be around him 24/7 for him to do that.

Honestly I’m a little lost hence the plea for help.

Any advice is greatly received.

Idris.

foxy-stoat

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/600963/LP1F-Create-and-register-your-lasting-power-of-attorney.pdf

That should be all you need to know.

Good luck

sourcrates

foxy-stoat wrote: »

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/600963/LP1F-Create-and-register-your-lasting-power-of-attorney.pdf

That should be all you need to know.

Good luck

If you are filling this in for a friend or relative and they can no longer make decisions independently, they can’t make an LPA.

If someone loses mental capacity before making an LPA, I believe you need to contact the Court of Protection for advice.

I would contact CAB first to clarify.

PrettyKittyKat

Check the insolvency register to see if your Dad is still part of an active IVA.

There wouldn't be court forms for an IVA - are you sure it is an IVA that the charge is from?

According to their website Westcot is a debt collection agency, it makes no mention of them being an IVA company.

Idris123

PrettyKittyKat said:

Check the insolvency register to see if your Dad is still part of an active IVA.

There wouldn't be court forms for an IVA - are you sure it is an IVA that the charge is from?

According to their website Westcot is a debt collection agency, it makes no mention of them being an IVA company.

Dad’s IVA is complete - I’ve spoken with the IVA company (Aperture) who confirmed this. 

I have the court papers regarding the charging order, the documents clearly indicate solicitors acting on behalf of Wescot served dad with an interim charging order. A judgement order for the money owed was secured against the property on 12/07/2008 at Kingston Upon Hull County Court. That amount was then included in the IVA and as mentioned that IVA has been satisfied. 

If Wescot ordered the interim charging order, why do they keep passing the buck? I mean I have papers here clearly stating that fact. 

RauHughes

If Wescott obtained a charging order against your father's property prior to the IVA being accepted by creditors this debt would not have been included in the arrangement. It will have been listed as a secured creditor on the schedule of debts, but it will not have received dividends or have been discharged at the end of the IVA. It's likely still outstanding.

Only Wescott (or their solicitors) will be able to confirm how much, if anything, is outstanding on the charging order. The previous IVA is irrelevant at this point.

Idris123

RauHughes said:

If Wescott obtained a charging order against your father's property prior to the IVA being accepted by creditors this debt would not have been included in the arrangement. It will have been listed as a secured creditor on the schedule of debts, but it will not have received dividends or have been discharged at the end of the IVA. It's likely still outstanding.

Only Wescott (or their solicitors) will be able to confirm how much, if anything, is outstanding on the charging order. The previous IVA is irrelevant at this point.

Hi - 
I’ll need to re-clarify with Aperture who arranged the IVA - I’ve exchanged a number of emails with them and on each occasion they confirmed the Wescott Debt was included in the arrangement. 

Problem is that the debt has been sold so many times it’s difficult to even fathom who to contact + Dad was certain that debt had been cleared & he used to bang on about being unable to find out who owned the debt. 

I’ll start again with Aperture and then either Wescott or their solicitors. 

RauHughes

Idris123 said:

RauHughes said:

If Wescott obtained a charging order against your father's property prior to the IVA being accepted by creditors this debt would not have been included in the arrangement. It will have been listed as a secured creditor on the schedule of debts, but it will not have received dividends or have been discharged at the end of the IVA. It's likely still outstanding.

Only Wescott (or their solicitors) will be able to confirm how much, if anything, is outstanding on the charging order. The previous IVA is irrelevant at this point.

Hi - 
I’ll need to re-clarify with Aperture who arranged the IVA - I’ve exchanged a number of emails with them and on each occasion they confirmed the Wescott Debt was included in the arrangement. 

Problem is that the debt has been sold so many times it’s difficult to even fathom who to contact + Dad was certain that debt had been cleared & he used to bang on about being unable to find out who owned the debt. 

I’ll start again with Aperture and then either Wescott or their solicitors. 

If you have a copy of the land registry it will tell.you who the acting solicitors were who obtained the charging order. I'd contact them directly

sourcrates

Wescot won’t have done anything, they only act for clients in collection of debts, nothing more.
This from their website -

Debt Recovery

“These organisations employ us to recover debts owed to them by their customers – we don’t own the debts ourselves.”

So you need to know who their client was.

phillw

sourcrates said:
If you are filling this in for a friend or relative and they can no longer make decisions independently, they can’t make an LPA.

Right, but if he can't deal with his affairs because he's stuck in hospital then he may still have capacity.
You'll need someone like a GP to certify he has capacity anyway.