Charging Orders against equitable interest

repo threat · 29th July 2008, 07:42

I have a hearing set for 7th Aug to hear a final charging order application, judgement, having been entered in default in March this year. The thing is this, the house is in my sole name having been bought 5 years ago at a price of £420,000 with £80,000 deposit paid by my fiancee. The rest was mortgage of £340,000. We have since re-mortagged twice and the current mortgage now stands at £420,000 with a redemption penalty until January 2009. I believe that my fiancee has an equitable interest in the property which is at least for all of the equity as the house is valued at £500,000 in todays depressed market. is it fair for a charging order for £6,000 to be made, because the practical issue is that we cannot legally sell without paying off the charging order which would be inequitable. my fiancee never entered into a declaration fo trust, but surely a resulkting trust is applicable and i pay the mortgage interest and she pays teh council tax and gas, elec and food.

repo threat · 29th July 2008, 17:33

Help,

I have a judgement, which is now the subject of a charging order application. Looking at the Default Notice, it cites the date of the agreement as the 3rd March 2006, however, when i looked at the claim, the copy agreement supplied is dated 14/03/2006 under the signature of the lender, there is no date or space for a date under mine.

Can i set the judgement aside, as the default notice appears to be defective. i have a final charging order hearing date for the 7th Aug, so i need to work on this quick.

freakyleaky · 29th July 2008, 18:43

2 threads merged.

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repo threat · 11th August 2008, 07:47

well, after attending court and the claimant not attending, the interim charging order was discharged, the final charging order application struck out and the ccj set aside subject to me filing a defence in a format acceptable o the court within 14 days.

In the meantime, the claimant has now issued a further default notice which contains the correct agreement date.

what do i do now ?

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