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Right to Buy title deeds

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  • FaceHead
    FaceHead Posts: 737 Forumite
    500 Posts Second Anniversary Name Dropper
    Does your son live at the property with you, and crucially, has he lived there for 12 months. If so you can buy together with your discount and there really is no issue. If not, is him moving in for 12 months a feasible option? 
  • Mummy007
    Mummy007 Posts: 37 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    nic_c said:
    You could have it put on the deeds that you own 10%, but on your death you would need to state in your will who that goes to. The Credit Card company might be able to claim in that from your estate.

    https://www.gov.uk/joint-property-ownership

    You probably need to get advice though.

    However in regards to your concern over forcing your son to sell. At the moment it is unsecured debt. So if you are not paying, they could get a CCJ, then try to get that enforced by a charge on the property. If getting a mortgage you don't want a CCJ, so lets say you are paying the debt but concerned about what happens with the remainder after you die, well that could be a claim on your estate, and that depends on whether part of the house comprises of that.

    Of course before all that is getting the mortgage, and how does your debt affect the chances of that.
    The Mortgage in Principle has been offered. 
    I have had no contact from Hoist Finance till today, when a letter came 
    "Welcome to Hoist Finance we are now collecting of behalf of Barclaycard and we are here to agree a payment plan".
    The default of mine ends August 2021.  I have not acknowledged or paid towards it.
    The card was opened in 1993 ( 27 years ago ) am I correct that Hoist would need the correct paperwork for them to pursue this. 
    If I did start payments would this be bad for the credit score,  I have managed to get it to good. As long as I do not let it get to a CCJ so its still unsecured and kept to a payment plan,  on my death would it be close or could they still try to get payment from my Son,  I have no assets or savings and even though on a Mortgage for the Right to Buy   I never actually financial contributed to 
    Thanks



  • Mummy007 said:
    nic_c said:
    You could have it put on the deeds that you own 10%, but on your death you would need to state in your will who that goes to. The Credit Card company might be able to claim in that from your estate.

    https://www.gov.uk/joint-property-ownership

    You probably need to get advice though.

    However in regards to your concern over forcing your son to sell. At the moment it is unsecured debt. So if you are not paying, they could get a CCJ, then try to get that enforced by a charge on the property. If getting a mortgage you don't want a CCJ, so lets say you are paying the debt but concerned about what happens with the remainder after you die, well that could be a claim on your estate, and that depends on whether part of the house comprises of that.

    Of course before all that is getting the mortgage, and how does your debt affect the chances of that.
    The Mortgage in Principle has been offered. 
    I have had no contact from Hoist Finance till today, when a letter came 
    "Welcome to Hoist Finance we are now collecting of behalf of Barclaycard and we are here to agree a payment plan".
    The default of mine ends August 2021.  I have not acknowledged or paid towards it.
    The card was opened in 1993 ( 27 years ago ) am I correct that Hoist would need the correct paperwork for them to pursue this. 
    If I did start payments would this be bad for the credit score,  I have managed to get it to good. As long as I do not let it get to a CCJ so its still unsecured and kept to a payment plan,  on my death would it be close or could they still try to get payment from my Son,  I have no assets or savings and even though on a Mortgage for the Right to Buy   I never actually financial contributed to 
    Thanks



    If your saying that you haven't contacted or paid them for close to 6 years I would continue to no contact as they recognise the time frame that is coming to an end and are merely trying anything to get you to break this 6 years.

    Whether they would claim against the house being an asset I really do not know you need to contact citizens advice or some other legal advisor on that. 
    My Signature is MY OWN!!
  • kaMelo
    kaMelo Posts: 2,856 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Mummy007 said:
    nic_c said:
    You could have it put on the deeds that you own 10%, but on your death you would need to state in your will who that goes to. The Credit Card company might be able to claim in that from your estate.

    https://www.gov.uk/joint-property-ownership

    You probably need to get advice though.

    However in regards to your concern over forcing your son to sell. At the moment it is unsecured debt. So if you are not paying, they could get a CCJ, then try to get that enforced by a charge on the property. If getting a mortgage you don't want a CCJ, so lets say you are paying the debt but concerned about what happens with the remainder after you die, well that could be a claim on your estate, and that depends on whether part of the house comprises of that.

    Of course before all that is getting the mortgage, and how does your debt affect the chances of that.
    The Mortgage in Principle has been offered. 
    I have had no contact from Hoist Finance till today, when a letter came 
    "Welcome to Hoist Finance we are now collecting of behalf of Barclaycard and we are here to agree a payment plan".
    The default of mine ends August 2021.  I have not acknowledged or paid towards it.
    The card was opened in 1993 ( 27 years ago ) am I correct that Hoist would need the correct paperwork for them to pursue this. 
    If I did start payments would this be bad for the credit score,  I have managed to get it to good. As long as I do not let it get to a CCJ so its still unsecured and kept to a payment plan,  on my death would it be close or could they still try to get payment from my Son,  I have no assets or savings and even though on a Mortgage for the Right to Buy   I never actually financial contributed to 
    Thanks



    How much are we talking about here?

    Clearly you do have assets if you are on the deeds to a home with probably a decent amount of equity if being purchased through RTB. Whether they would pursue this debt is difficult to say but you have an asset to chase which can only make it more likely than less depending on the amount involved.

    Hoist are only agents acting on behalf of Barclays so Barclays would need the paperwork. The fact it's still Barclays I would imagine increases the likelihood that they do. 
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