Would full and final work?

Angelcrackers

Two old Charging orders dating back to 2013 and 2015 neither of which I have paid anything on as only discovered they exist recently. Obviously they have both dropped off my credit file too. They are restriction Ks not in joint names. One is £4600 and one is £3500. We can't move so cannot clear them that way. 

I have £1000 offered by a parent. 

As -
They are now not on file, we haven't paid anything and we can't move -

Would that make Lowells more inclined to settle? Would £1000 be a reasonable offer?

McKneff

Surely they are stature barredxand are not enforceable. 
So you can safely ignore them.

Am I missing something here 

Angelcrackers

Hi @Mckneff they are charging orders. I believe they are always enforceable? Well to a certain extent in that they are my name on a joint house. 

I'd like to contact the companies to ask what is the exact amounts but I'm wondering if that will "poke the bear" and they would suddenly start chasing after all these years?

DullGreyGuy

McKneff said:

Surely they are stature barredxand are not enforceable. 
So you can safely ignore them.

Am I missing something here 

Statute barred is about litigating, on the basis the OP didnt consent to the charging orders being put on the property by virtue of saying they didnt know about them that would strongly imply its already been to court and the orders were placed. Charging Orders dont have an expiry date, they become payable on sale of the property but continue to accrue interest in the interim. This was confirmed under  Lowsley v Forbes [1998] UKHL 34

RAS

Read the Myth of Charging orders in the stickies at the top of the sub-forum pages.

Angelcrackers

RAS said:

Read the Myth of Charging orders in the stickies at the top of the sub-forum pages.

Unfortunately this doesn't apply here because I'm not wanting to sell .

ManyWays

If Lowell arent asking you to pay, then you are just poking the bear so is there any hurry? When does your current mortgage fix end and what are you currently paying?

Angelcrackers

Current deal has ended so would like to reduce monthly payments 

sourcrates

They are recorded as restrictions only, as the debt is in a single name, but the house is jointly owned.

There should not be any issues here, the debts are repaid when the house is sold, whenever that may be, Lowell will not remove them, and if they are not being chased why bother?

You should be able to re-mortgage with the same lender with no credit check, otherwise use a good broker.

Angelcrackers

No that's the problem. We have a mortgage with a lender who no longer lends so cannot remortgage with them. Any other lender wouldn't lend on this basis as they would need clear first charge.