Charging order for credit card debt not paid on sale of property

Jacko1957

In 2009 my house was repossessed and I had a charge against it. Last week I had letters and phone call saying I owed 3k on a credit card which was the subject of the charge on house. I assumed it had been paid as I have heard nothing for over 10 years but they are now saying charge was not paid and I owe them money.

Any advice please ?

sourcrates

Hi,

Sounds like an odd situation, are you 100% positive there was a charge on your house, because from a legal standpoint, the charge should have been paid first.

It`s also unusual to put a charge on a house for a credit card debt, especially only 3k.

Who repossessed the house, i`m assuming your mortgage lender, who was that ?

Which company put the charge on the house for the credit card debt ?

Can you describe events prior to that happening, who issued the claim form/court case, did you defend it or not, what year was legal action taken ?

I have moved your post to a more appropriate board.

Sandtree

sourcrates said:

Sounds like an odd situation, are you 100% positive there was a charge on your house, because from a legal standpoint, the charge should have been paid first.

All good questions but it does depend on the net sale value of the property against the total value secured against it... it may have been insufficient to cover all the monies owed

fatbelly

That's true. It may also have been a restriction, not a full charge.

The credit card would have been in one name. Was the house jointly owned?

Whatever, it's now an unsecured non-priority debt, if it exists at all, which they are going to struggle to enforce.

As they have written, I'd send a prove-it