Help! In-laws and charging order

chez000

RAS wrote: »

Moneysaver

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

For capital sum of motgage (not the interest) the time limit for taking court action is 12 years, everything else is 6 years.

There is no time limit for enforcment action once a CCJ is obtained, except that an application for a warrant of exectution should normally be made with in 6 years

Gillianh2

Sorry to butt in but I thought that CCJs were unenforcable after 6 years is this right or are they 12years as well? thx

newmoneysaver_2

Ok - I'm home!

The in-laws have received a copy of the intrim charging order from Turnbull Rutherford Solicitors. This is dated 15th April, and that the application will be heard at 2pm on 20/06/08, in Guildford (In-laws are in Manchester!)

They have also received a B136(CO) Notice of an application to register a restriction against the land from the Land Registry, Lytham Office. This states that an objections has to be filed by 13 May.

chez000

Gillianh2 wrote: »

Sorry to butt in but I thought that CCJs were unenforcable after 6 years is this right or are they 12years as well? thx

Once a CCJ is obtained there is no time limit for taking enforcment action

newmoneysaver_2

Just a shameless bump!

peb

Right; first thing you need to do is to decide whether you are to try and defend it - if so then you will need to get the court changed. This is not difficult and you will find details on the HMCS site . Then you can object to the interim order from being registered by informing the Land registry that you are not in agreeance and will be defending the action.

Usually a Charging ORder is sought if a CCJ has been issued and no payments have been made or payments have not been made in accordance with the order - do you know enough about the history? You were trying to find out what the debt is for; any joy?

If you are unsuccessful and hte order is granted then it is very unlikley that the inlaws will be forced to sell up - what would happen is that they would have to pay teh debt once the property is sold.

Keep posting and HTH

newmoneysaver_2

Thanks for all the help!

I have managed to get a copy of FIL credit report - he has two defaults showing one for car HP and and for a loan. It seems to be the loan amount which has resulted in the charging order.

So, my plan for tonight is to search the registry trust website to establish the details of the CCJ ~ I need to check credit file to see which address the CCJ is registered against.

I also need send a letter informing that we wish to defend the claim. FIL claim not to know about the CCJ, but he will be making some kind of arrangements to repay the amount. I also need to sort getting the case moved.

At some point I am going to try and sit the in-laws down a get a SOA of affairs together - a) for this case and b) so I can see just how bad things are and try to make a start on getting them sorted.

RAS

Well done.

They are really lucky folk. Kep us posted.