Charging Order? The myth

eggbox · 18 February 2017 at 3:03PM

Rileybaby wrote: »

I've paid off the debts and requested that the owners have them removed from the property so hopefully it should all be done and dusted in a couple of weeks. Thanks Land registry representative and eggbox

No problem and at least it leaves you to now sell as and when you wish so good luck with that.

eggbox · 18 February 2017 at 3:20PM

Land_Registry_representative wrote: »

eggbox
If no objection is received that's it and the application would be completed a day or two later depending on workloads.

Thank for the clarification LRR and it would appear NZS1985 would have to deal with the debt before any sale could proceed as well doing so should any remortgaging be required?

Just to be clear on what you say above, however, regarding an objection out of time; what is the situation if the creditor claims not to have been notified by the Land Registry or does the LR send notification by recorded delivery?

I'm only asking because, on a side issue, when the police issue a NIP they only have to send it by standard post and if you are unlucky enough to not have received it (as occasionally happens if rare) then its tough luck on the person who was served unless they can prove they never received? Does that rule apply here, too?

Land_Registry · 20 February 2017 at 11:37AM

eggbox - notifications aer sent by ordinary post in the same way. Responsibility for ensuring your contact details are up to date on the register rests with the relevant person/company. They are not issued by registered/recorded post.

There is a process to be followed if a notice is returned 'undelivered' but this is relatively rare and focusses on what other details we have and/or whether other contact addresses have been used to serve the notices already.

Every instance is treated on merit and notices are deemed to have been delivered if not returned. See Rules 197 – 199 of LRR 2003 for more details.

eggbox · 20 February 2017 at 11:44AM

Thanks for clarifying LRR!

weimimamma · 20 February 2017 at 2:43PM

I had the document from land registry advising of an ICO for my husband and his mom. My father in law had one too. I objected by sending my letter to the court and a copy to the land registry but nothing g else was received until the Fco appeared in the post the document we had from the court said the date of the decision was to be made by ..... Without a hearing

DAKOTA45 · 22 February 2017 at 8:12AM

weimimamma wrote: »

I had the document from land registry advising of an ICO for my husband and his mom. My father in law had one too. I objected by sending my letter to the court and a copy to the land registry but nothing g else was received until the Fco appeared in the post the document we had from the court said the date of the decision was to be made by ..... Without a hearing

I think most ICOs are made without notice of a hearing… very unfair, especially if one party does not owe the debt and needs to object… But there would have been an opportunity to put your case at the FCO…So are you saying the FCO was made without a hearing? D45

Choochybaby69 · 22 February 2017 at 10:50AM

Hi Eggbox,
I was in a partnership ( I was a sleeping partner) and it went bust after he, emptied the account, run up supplier debts, took assets from the shop and left town over night. I went bankrupt after receiving the c/o. I included the debt that was from the c/o, but I believe the c/o still stands. My ex business partner did not go bankrupt, but received the same c/o. The organisation say they cannot discuss anything about him. A couple of years ago he divorced, but the house remained in joint names. The house was on the market for £130,000 and from a land registry check it only had a £50,000 mortgage and it recently sold. How do I find out from Investec if any moneys were paid off the joint c/o, if they won't discuss it and how do I know they are telling the truth? I am thinking of getting CAB involved, as they have been a great help in the past, or should I consider a solicitor?
Thanks, Paul.

eggbox · 27 February 2017 at 10:18AM

Choochbaby69

Were you sued jointly or separately for the debt? Also, are you still living in the property that the Charging Order or Restriction was placed on the deeds?

weimimamma · 27 February 2017 at 10:30AM

Yes never attended a hearing my paperwork said decision to be made by. ..... date without a hearing. I sent letters saying I was joint owner blah blah but never heard anything until
Fco appeared

eggbox · 27 February 2017 at 10:47AM

**SOLICITOR UPDATE**

I need to update the board that the conveyancer we were recommending to act for them when selling their property (with a Form K Restriction) has now withdrawn their services.

Apparently, the firm of solicitors he moved too has been scared off by another solicitor (acting for the creditor who wouldn't have got paid when the sale went through) threatening to sue them for "dishonest assistance" if the debt wasn't settled upon completion and the seller then went bankrupt? Whilst they dispute they would be liable for any such action, they say they don't want to expose themselves to any "risk"?

I have requested further information on the matter as they say there is case law involved and I've also asked why bankruptcy would be an issue as a CO is precluded form such? I will update the board as and when that info arrives?

My initial feeling is that the firm of solicitors is doing what most solicitors do in looking after their own interests first before any client interest? To highlight this, it was a member of this board who notified me of the firm of solicitors decision which happened two weeks after they had agreed to act for them?

I also think it was, most likely, brinkmanship as the creditors solicitor had nothing to lose by threatening legal action. The solicitors that we were recommending, also, seems to have folded like a cheap suit at the first whiff of something that could affect them.

Charging Order? The myth

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