Charging order from 2015 on one name but property in joint names - is it valid?

nickyjay21

So just trying to refinance to sort out a few debts into the one secured payment, search has found a charging order i dont recall from late 2015. 

Having looked into it, its a charging order for an MNBA credit card i had years before in my maiden name.  No payments have been made since 2016, completely left my mind i had it until this search has revealed it. 

I'm now stuck in a position now where i think i need to add the amount the secured loan to be able to clear it from the property, however reading up, it seems that it should have been a restriction, rather than an order as its only in my name, and not partner's name also as we jointly own the property (since 2004). 

Can i apply for the charging order to be removed?  Is it infact statue barred due to the time lapsed from no contact/payments?  I guess my question really is do i still need to acknowledge this debt due to the amount of time that has passed since no contact from either side?

TIA

fatbelly

Not sure what you've found.

You can search the title register at the Land Registry for £3

https://www.gov.uk/search-property-information-land-registry

Don't use any other link.

If there is a charging order on a solely owned debt against a jointly owned property then it gets recorded as a restriction.

You don't have to pay this. Just comply sith the terms of the restriction when you come to sell

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth#latest

DullGreyGuy

Statute Barred is in relation to taking you to court... if they have already got a charge order then its been to court already and cannot be "statute barred"

A charge order on a jointly owned property is perfectly acceptable, it's limited to your interest in the property. So if you are tenants in common and say you share is 25% then the maximum they'd receive from the sale is the 25%. If you are joint tenants then the charge order effectively changes to a tenants in common with a 50% share each unless there is evidence to the difference

https://england.shelter.org.uk/professional_resources/legal/debt/charging_orders_and_orders_for_sale/effect_of_a_charging_order_on_homeowners

nickyjay21

So with regards to the timescale of this, is it still valid as it over 6 years old (2015) or is that no longer the case once it has gone to the courts? 

DullGreyGuy

nickyjay21 said:

So with regards to the timescale of this, is it still valid as it over 6 years old (2015) or is that no longer the case once it has gone to the courts? 

Statue barred is explicitly about the Limitiations Act which is about issuing court proceedings and so is irrelevant. 

There is no direct equivalent legislation post litigation however if there haven't been attempts to make recovery for 6 years then the courts permission is required to start it but the courts take a dim view on people simply not taking action on their orders. However this isn't the case here, there is a court agreed solution in place in the form of the charge order which will last until you decide to sell the property or voluntarily decide to settle the judgement. 

fatbelly

nickyjay21 said:

So with regards to the timescale of this, is it still valid as it over 6 years old (2015) or is that no longer the case once it has gone to the courts? 

If it was in excess of six years since the default date AND you had neither made a payment to it nor acknowledged the debt in writing, at the date when they STARTED a court claim then you had a statute barred defence, but just did not put it in.

In those circumstances you would want to consider setaside.

The clock stops ticking when a court claim is started. That is what time barring is about. 

Can you confirm how this is recorded on the Title Register? You said it was not recorded as a restriction, when it should be.

nickyjay21

I have checked and it is actually recorded as a restriction, i have received the information from the Land Registry to confirm this.  There has been no contact regarding the debt from either myself or the creditor since 2016.