Charging Order? The myth
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The CO, whether interim or final, can still only be registered as a Restriction on your property as it is jointly owned and you are the sole debtor.
So it makes no difference regarding the information you have received on here.
Thank you so much for your reply. It was very kind of you to take the time to offer your help.
Earlier in the thread you mentioned that it is up to the buyers conveyancer/solicitor to notify the Restriction Holders. Would you mind if I cross check this with you please. I don't wish to sound ungrateful nor offend you in any way. It's a bit of a personal sanity check if you like. I would like to make sure I have completely got this correct before I approach my solicitor.
You have been very kind. Thank you so much for all your help.0 -
As I said, it's not possible to obtain a CO with obtaining a CCJ first. So you need to find out why you were never informed by the Court a claim had been made against you.
Unfortunately our original DMP was with Spencer Hayes who went into adminstration on 18th December, they have all of our paperwork regarding Marbles so we have to wait until next week to speak to the administrators and see if we can get all of this paperwork returned.
Do you have proof the loans were unsecured?
Yes we do, and we got a lump sum taken off the loan last year when NRAM were taken to court over the incorrect wording of their loan agreements.
Thank you so much for all of your help
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I would like to make sure I have completely got this correct before I approach my solicitor.
You can check what your Restriction States from your LR deeds but a Standard Form K reads,
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
Xxxxxxxxx at care of xxx
solicitors, xxx
The applicant is the buyer0 -
You can check what your Restriction States from your LR deeds but a Standard Form K reads,
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
Xxxxxxxxx at care of xxx
solicitors, xxx
The applicant is the buyer
Many thanks for the heads up eggbox - and I am loving your board name. You sound as if you have a lovely sense of humour :-)0 -
Many thanks for the heads up eggbox - and I am loving your board name. You sound as if you have a lovely sense of humour :-)
No problem (and yes I'm a real hoot
) but do please let the board know what your Solicitor tells you as they really don't like it when the Joe Public starts questioning what they are doing. 0 -
No problem (and yes I'm a real hoot) but do please let the board know what your Solicitor tells you as they really don't like it when the Joe Public starts questioning what they are doing.
Firstly may I wish you and your family a happy new year. I'm hoping this year is a little easier for me. I'm not holding my breath though :eek: Also a happy new year to all the other board users too :j
I'm trying to work out how I can actually deal with the two companies I owe money to. One has already accepted that I pay £40 per month and I have been doing so for a couple of years.
If I have understood correctly one of my options is to ask for a variation to the charging orders.
However, I am not sure that allows me to ask the court to look at reducing the totla debt based upon my ability to pay.
Is there somewhere on the mse forums where i can perhaps ask this sort of question please?
Thank you for any help in advance0 -
Firstly, Happy New Year to everyone
Nuttymut
When you say you are working out how best to deal with your two creditors what is it you are hoping to achieve?0 -
Firstly, Happy New Year to everyone
Nuttymut
When you say you are working out how best to deal with your two creditors what is it you are hoping to achieve?
I think I would like to come to an arrangement where they are paid based on what I can afford to repay on a monthly basis. I am sure I will never be in a position to pay the debts in full. However, I am also sure I can repay something.
I would like to try and understand how best I can do that please.
Thank you0 -
Well in the first instance you simply write and explain that, due to your circumstances, your payments will be reduced to what it is you want to offer.
If the creditor doesn't want to accept this he then has to decide what he wants to do next. Given they have a CO on your property (and therefore feel they have security) its unlikely they will do anything.0
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