Help! In-laws and charging order

newmoneysaver_2

I need the wisdom of the board to help me to help my inlaws ~please!

The in-laws have received notification of an application to register a restriction against the land.

This is in FIL's name, but he does not know who the original debt is with/for. We have until 13th May to object to the application. Is there any way we can find out the details of the original debt? I have had a quick look on the national debt line website, but I couldn't find any information - I am off to have a proper read! The company taking action is HFO Services Ltd.

The inlaws have been quiet bad with debt in the past, but since they bought their house last year they have manage to make hugh in-roads into the debt. I am told, at the the moment, they only have one outstanding debt of £40 ish for an electricity bill and don't have any secured loans etc, only the car on finance.

Thanks is advance!

Gillianh2

You need to find out who is applying for this charging order and please remember that if this debt is over 6 years old and hasnt been acknowldeged by your FIL then it is not enforceable.

RAS

Hi

I would start by checking their credit records to see what is on there. Se here http://www.moneysavingexpert.com/banking/credit-rating-credit-score

That will tell you if they have any recent outstandingdebt.

The other two possibilities are

1. There is an outstanding CCJ from within the last 12 years, which HFO are now trying to enforce.

2. A lot of mortgage companies sold old mortgage debt, much of which is getting close to the statute of Limitation stage (about £6billion) last year, and the DCas are chasing it like mad at the moment.

newmoneysaver_2

Thankyou Gillianh2 ~ I will remember that!

RAS - it must be the CCJ - they haven't had a mortgage before this house, so it can't be that. Thankyou!

Are there any template letters can I use to try and find out what the original debt is for?

GeorgeUK

I had a quick browse through the landregistry website and it stated that you had 15 days to object.

Definately get them to check their credit records as RAS suggests.

I'd get in touch with HFO asap, but withhold your phone number.

RAS

Hi

If there is an outstanding CCJ, it will be regsitered here http://www.registry-trust.org.uk/.

if your parents need help, they should speak to one of these debt charities in the first instance http://www.moneysavingexpert.com/loans/debt-help-plan#help

And just in case, can you make sure that they actually have been sent the proper documents? There are several DCas that send documents that look like court documents but are not or send letter advsing that they may take some type of legal action which is not enforceable.

newmoneysaver_2

RAS wrote: »

1. There is an outstanding CCJ from within the last 12 years, which HFO are now trying to enforce.

Ras,

Thankyou for your help. Can I check - are CCJ enforceable for 12 yrs???

I am sure this legit, they have a letter from the solicitors on behalf of HFO, and also a letter from the registry.

I am going to use the template letter from National Debt Line to request a copy of the credit agreement from HFO.

RAS

Moneysaver

Most unsecured debt becomes unenforceable after 6 years, UNLESS there is a CCJ outstanding, when it becomes 12 years.

I appreciate that they have a solicitors letter, but can you post the name of the company. There are a number of "on-line legal services" which a DCa can use to send out automatic letters for 75p each.

Which Registry are you referring to?

rayday2

Second what RAS has said I have had two DCA sending me solicitors letters one of which was actually connected to the DCA.

Both of which were wrong to be writing to me and was misleading.

newmoneysaver_2

Thanks for the help.

I am at work so I will update when I get home.

peb

JUst another point; there should be an interim charging order which sets out details of the debt before the sols can apply for a charging order; have the in laws recieved this? (Just in the process of registering one at work so feel fairly well up on it!)