We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Charging order
Comments
-
But if you argue there's no debt, as above they'll not be able to deal with it at all! If anything it's probably helpful if you agree there's a modest debt rather than go to the delay/expense of sorting it out via other methods.TomThumb2 said:Yes, at least it resolves the situation. But I think the Tresury Sol are trying their luck saying that you need to prove payment has been made after 20 years. I would think they have a duty to prove the debt they're claiming is still owed and a charging order on its own isn't enough.1 -
But in this case there was no debt, not even a modest debt. And if the Treasury Solicitor holds a valid debt they'll accept full value only. If the Treasury Solicitor is recording a debt as outstanding which has already been paid then they should be able to deal with that by correcting their records.0
-
To get rid of the charge, there are two methods:TomThumb2 said:But in this case there was no debt, not even a modest debt. And if the Treasury Solicitor holds a valid debt they'll accept full value only. If the Treasury Solicitor is recording a debt as outstanding which has already been paid then they should be able to deal with that by correcting their records.
a) Pay the amount allegedly owed, in which case the TS can remove the charge.
b) Go to court, and get a judge to order that the charge should be removed.
Route b involves a lot of legal fees and delay. It also involves persuading the judge that the debt was more probably than not paid off years ago (for which there's actually no evidence).No reliance should be placed on the above! Absolutely none, do you hear?0 -
There's a third route, c) have TS remove the charge if the debt has already been paid. Remember it is for the person claiming they're owed the money to prove the debt is owed, whether that's the TS on request or in court. And I would think the TS would need more than a 20 year old inherited CO which has been inherited from someone else.GDB2222 said:
To get rid of the charge, there are two methods:TomThumb2 said:But in this case there was no debt, not even a modest debt. And if the Treasury Solicitor holds a valid debt they'll accept full value only. If the Treasury Solicitor is recording a debt as outstanding which has already been paid then they should be able to deal with that by correcting their records.
a) Pay the amount allegedly owed, in which case the TS can remove the charge.
b) Go to court, and get a judge to order that the charge should be removed.
Route b involves a lot of legal fees and delay. It also involves persuading the judge that the debt was more probably than not paid off years ago (for which there's actually no evidence).0 -
They would be if their records incorrectly show it as not paid.user1977 said:
If the debt has already been paid then the Treasury Solicitor won't be involved.TomThumb2 said:
If the Treasury Solicitor is recording a debt as outstanding which has already been paid then they should be able to deal with that by correcting their records.1
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.5K Banking & Borrowing
- 254.1K Reduce Debt & Boost Income
- 455K Spending & Discounts
- 246.6K Work, Benefits & Business
- 602.9K Mortgages, Homes & Bills
- 178.1K Life & Family
- 260.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards