Could a single credit card debt be turned into a joint debt for a charging order?

Having read a post about Charging Orders on here it got me thinking.

We have two (what I assume) are Charging Orders against our property. These are from years ago so my memory is sketchy, But I have a vague recollection one was for a Sainsbury's bank credit card in my husband's name.  Could the DCA have somehow turned this into a joint liability and therefore obtained a full charging order?

Is that legal if so?
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Comments

  • Sly72
    Sly72 Posts: 112
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    No it will be a restriction on your husband name NOT joint liability
    I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.
  • Angelcrackers
    Angelcrackers Posts: 42
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    Thanks for such a quick response. 

    If that is the case, in theory we could sell our house as long as we get a solicitor to give them the correct notice? Ideally I'd like to delay paying the debt for another couple of years. It must be at least eight years since they got the charging order)restriction.
  • Angelcrackers
    Angelcrackers Posts: 42
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    So thanks to what I've been reading on here, I paid the £3 to the Land registry and it's made for horrifying reading because there are bits in there that I didn't know about. Even more bizarrely they are all in MY name not my husband's. So I'm looking for help as to what they all mean if possible
    Example 1 
    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Equidebt Limited (xxxxx) at care of Weightmans LLP, India Buildings, Water Street, Liverpool L2 0GA, being the person with the benefit of a final charging order on the beneficial interest of XXX X XXXXXX  made by the XXX County Court on X October 2010 (Court reference XXXXXX).

    EXAMPLE TWO -
    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Capquest Investments Limited (Co. Regn. No. ) at care of Drydens Limited trading as drydensfairfax solicitors, Shire House, 2 Humboldt Street, Bradford BD1 5HQ (ref: xxxxxxx), being the person with the benefit of an interim charging order on the beneficial interest of xxxx made by Xxxx County Court on February 2015 (Court reference xxxx).
  • Land_Registry
    Land_Registry Posts: 5,740
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    So thanks to what I've been reading on here, I paid the £3 to the Land registry and it's made for horrifying reading because there are bits in there that I didn't know about. Even more bizarrely they are all in MY name not my husband's. So I'm looking for help as to what they all mean if possible
    Example 1 
    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Equidebt Limited (xxxxx) at care of Weightmans LLP, India Buildings, Water Street, Liverpool L2 0GA, being the person with the benefit of a final charging order on the beneficial interest of XXX X XXXXXX  made by the XXX County Court on X October 2010 (Court reference XXXXXX).

    EXAMPLE TWO -
    RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Capquest Investments Limited (Co. Regn. No. ) at care of Drydens Limited trading as drydensfairfax solicitors, Shire House, 2 Humboldt Street, Bradford BD1 5HQ (ref: xxxxxxx), being the person with the benefit of an interim charging order on the beneficial interest of xxxx made by Xxxx County Court on February 2015 (Court reference xxxx).
    As far as “what they mean” goes then it’s what the wording states, namely two interim charging orders in favour of the named creditors. 
    As the property is jointly owned they can only be registered as form K restrictions and if your are selling then refer back to your first post for what’s needed. 
    If you are looking for confirmation/guidance then find the Charging order - the myth thread on MSE although that maybe the other guidance you refer to 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Angelcrackers
    Angelcrackers Posts: 42
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    Thanks. I'm confused about some saying interim. Does this make a difference?
  • Land_Registry
    Land_Registry Posts: 5,740
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    Thanks. I'm confused about some saying interim. Does this make a difference?
    Not from a registration perspective. Whether it’s an interim or final charging order makes no difference as it’s the same debt (creditor’s protected interest). Very few creditors register a final charging order as a result and whilst registering it protects their interest it doesn’t force things to happen re the property. But it will impact re trying to secure loans, sell etc 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • fatbelly
    fatbelly Posts: 20,224
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    Do Equidebt still exist? I think they dissolved about ten years ago
  • Angelcrackers
    Angelcrackers Posts: 42
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    edited 26 January at 11:30AM
    fatbelly said:
    Do Equidebt still exist? I think they dissolved about ten years ago
    Hi fatbelly,  yes I believe you are correct. I have a feeling they themselves went into administration or something.  In which case I wonder to whom a solicitor would send the notification anyway.

    No one has been chasing me over these that's for sure. 
  • Land_Registry
    Land_Registry Posts: 5,740
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    fatbelly said:
    Do Equidebt still exist? I think they dissolved about ten years ago
      In which case I wonder to whom a solicitor would send the notification anyway.
    Notification is sent to the name and address stated on the register. The restriction is quite clear as to what’s required 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • fatbelly
    fatbelly Posts: 20,224
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    Well that's going to come back 'no longer trading' then
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