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PRA Group advice

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  • fatbelly
    fatbelly Posts: 21,419 Forumite
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    To put charging order on would require a ccj. Even then, if it was a sole debt on a jointly owned property it just gets marked as a restriction. 

    You could then stop paying as orders for sale are not granted on properties you live in
  • Onebrokelady
    Onebrokelady Posts: 7,437 Forumite
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    fatbelly said:
    To put charging order on would require a ccj. Even then, if it was a sole debt on a jointly owned property it just gets marked as a restriction. 

    You could then stop paying as orders for sale are not granted on properties you live in
    Thanks for this I don't know how any of this works. I panicked because I am probably going to have to sell my house in the not too distant future. What would it mean if it had a charging order on it 
    Original Debt Owed Jan 18 = £17,630 Paid To Date = £6,080.1 Owed = £11,549.9
  • sourcrates
    sourcrates Posts: 29,897 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    fatbelly said:
    To put charging order on would require a ccj. Even then, if it was a sole debt on a jointly owned property it just gets marked as a restriction. 

    You could then stop paying as orders for sale are not granted on properties you live in
    Thanks for this I don't know how any of this works. I panicked because I am probably going to have to sell my house in the not too distant future. What would it mean if it had a charging order on it 
    It would not be a full charging order, just a restriction as fatbelly reiterates above.

    The debt would likely need to be settled from the proceeds of the house sale, this is assuming legal action had been taken, a CCJ granted in your creditors favour, and a restriction applied to the house deeds, which is not currently the case.
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  • RAS
    RAS Posts: 33,610 Forumite
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    edited 18 August 2023 at 5:07PM
    It's one area where it's a good idea to quiz your future conveyancer before you hire them. Read the Myth of Charging Orders stickie here.

    A charging order has to be settled from the proceeds of the sale. The creditor has to be informed of the sale when a restriction exists.  As I understand it, some conveyancers insist on paying the debt from the proceeds. Others inform the creditor. You need to know how your potential conveyancer handles restrictions. 
    The person who has not made a mistake, has made nothing
  • Onebrokelady
    Onebrokelady Posts: 7,437 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    My house is also a shared ownership house. So I own  50% and the rest is owned by a housing association .
    Original Debt Owed Jan 18 = £17,630 Paid To Date = £6,080.1 Owed = £11,549.9
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