Final Charge Order Help Please

MrsJT_2 · 1 February 2021 at 2:05PM

Hi all

I have posted about this previously but things have changed since back then. Cut down version of events as follows.

My mom agreed to be a guarantor for her brother to rent a shop back in 2004/5, company got in touch to say he hadn't paid a quarter's rent amounting to £5500 in 2006. The company asked that mom get in touch with him to pay, she did so, he said he would sort it our she told the company this and heard nothing more for 12-18 months.
12-18 months later the company are asking for over £9000 because he didn't pay the funds as he said he would. Yes maybe my mom should have chased him and the company to make sure this had happened but they never got in touch to say otherwise for this long period of time.

Anyway, mom did not have the monies to pay this amount so was taken to court where her friend attended and offered to pay the original £5500 that she was made aware of, the company refused stating they wanted the £9000+. A judgement was made for £10,900+ and interim charge order was placed on the property in June 2008 followed by a final charge order 2 months later August 2008 even though it was disputed.

In 2009 the solicitors had an email to say that the company requires the £10,900+ as well as £13,000 to cover rent 2009-2013, insurance to be covered of over £400 and their court costs of nearly £3000. The solicitors went back and advised this was unrealistic as they had already stated in previous communications that they would cease the tenancy and take my mom to court. No further communication has ever been made since this date.

During all of this my mom was battling terminal cancer and passed away in 2013, a year later my dad was diagnosed with terminal cancer and he passed away in 2020. They owned the house jointly with the charge against my mom only.

I have a couple of questions if anyone could please help -

1. Is there anyway that paying the £10,900+ stated on the judgement will enable the land registry order to be removed or can they push for in excess of £25,000 plus interest from 2008 which would make interest on that amount in excess of £50k or if it's only applicable against the judgement amount is still in excess of 11k meaning over 20k coming from my mom's share of the property in there is enough equity.

2. If more than the accepted judgement amount of £10,900+ is wanted to remove the charge, can I claim against my uncle for drastically reducing leaving very little if any inheritance available to their grand children? My mom was pressured into being his guarantor and not in the right frame of mind with her illness, my dad never wanted her to do it and now my uncle gets away without paying a penny and leaving my children without the inheritance my parents worked for, for them when he owns his own house and has a good job and income. I know my mom agreed to be guarantor but he has the collateral for his debt which he didn't pay causing this stressful situation for my parents when there last wish was for their grandchildren to have inheritance for their future.

Please no negativity I want to know what I can do to reclaim these monies if possible for my mom and dad's wishes and memory and whether there is anyway to keep the amount at the judgement amount. I'm so angry and upset that this amount is able to come out of my parents estate for nothing but kindness.

Many thanks and sorry for the long post.

Keep_pedalling · 1 February 2021 at 2:51PM

I think you need some specialist advice on this. The charge against the property will have to be paid, but any other debt they claim is owed by the estate they are going to have to prove, and there is a good chance it is time barred after all this time.