Charge on Property

[bobneedhelp]

I am in UK. I have just received a letter stating that there is a Charge on my Property. What does this mean? Does it mean that there can repossess and sell my house without my consent?
In my previous marriage, we took out several loans and when we separated/divorce, I took over all the loans. I tried repaying the loan for nearly 10 years (small amounts) but due to harassment and work pressure, I become sick (depression) and resigned from my job. Soon after that I stop paying in 99? 2000? - because I cannot afford to pay anymore. I was out of work for nearly 2 years and with the help of some very good friends and family, I finally got back on my feet and starting doing odd and part-time jobs to make ends meet. I travel about and changed address a few times.

The debt companies must have been chasing me all along and till now I do not even know what I owe and to whom I owe this money to lest of all how much I owe.

Finally with the help of family (paid deposit etc) I bought a house. I had to make myself strong and go work to make enough money just to pay the mortgage and survive/live. The debt company traced me to this address and not have put a Charge on the Property. What can I do or is there anything I can do? Do I reply to them? What do I say? I am afraid they will repossess my house? Can they do that?

Please help. Million thanks.

[djc]

hi bobneedhelp

we are sure that good advice will follow this posting to you but i have no legal experience to offer. so please be patient it will follow.

you have indicated that the old loans that a charging order may have come from may be a life line for you if those debts have not been paid for some 8 years.

we would suggest that if you have had no contact and have not paid anything to these people for more than 6 years DO NOT CONTACT THEM, in any form until you have received further help and advice.

good luck

djc

[manchester1]

Hi bobneedhelp,
DJC is right, you at the right place for advice , its that sometimes the forum gets very busy and their are only a few experts to go around. However i suggest that you give people a bit more history into the debts , i know its hard but the more info you can provide the better .who is the company that has put a charge on your property?, they would have had to have had a CCJ first, when was the last time you paid any monies towards your debts?. All this info will help to ascertain wether you can fight the charging order on the basis of the debt being statue barred. Somebody, more knowledgable will take over,CHIN UP.

Manc1

[surfaceagentx20]

Bob, to assist further there's a bunch of questions I need you to answer. Also, to be able to give precise advice, you need to be precise with the information you provide. Further, unless your property is mortgage free, there will be a charge on it to secure repayment of the mortgage loan any way. I'm guessing this is not a charge by way of mortgage?

So on to the questions:

1 Where did the letter come from? The Land Registry? The debt collector? Where?

2 Does this letter identify who has registered the charge?

3 If yes to Q2, what is the identity of the charger?

4 Does the letter identify a court case, a judgment or order of the court?

5 If yes to Q4, what does it say (being careful to not reveal the Judge's name or court case number)

6 Have you ever entered into an agreement with the charger identified at Q3? If so, when (mm/yyyy) and what was it for? (There are likely to be more questions about the agreement if you say there was one so get hold of as much paperwork on the agreement as you can if it's still around).

7 If you do not know the identity of the charger, when (mm/yyyy) did you take out the last of your several loans?

8 Would I be right in thinking that you have not paid anything off your loan agreements (including the agreement identified at Q6) since year 2000? If wrong, when was the last time you paid any money to the charger?

9 Have you ever written a letter to the charger at any time since say the year 2000?

10 Have you at any time lived outside of England and Wales since the year 2000?

11 How long have you been living at your current address?

12 Do you know the Land Registry Title Number to your property? (Answer just yes or no).

13 Is this letter the very first time you have received any written communication from either the charger, the charger's solicitor, the court or The Land Registry about this matter?

That will perhaps do for now, but I am likely to ask some more questions before I can give you worthwhile advice.

x20

[johndeevoy]

If there is a charge on the property then it doesnt matter about the age of the debt, the charge has been ordered by the Courts so they must have went down the correct legal channels to get that. I don't have any specific experience regarding Charges on Property but my knowledge is that they cannot force you to sell the home or repossess it. They become a primary creditor if the house is sold and are able to take their money then. If I'm wrong on this then I'll be grateful to learn from any of the experts on here.

[manchester1]

johndeevoy,
Wish i could agree with you on the issue that the DCA would have done things by the book to get the charge on the property , they can and do get a CCJ by default if not defended , and then a charging order on property ,if not defended.

Manc1

[bobneedhelp]

Ok thanks all very very much - this is the first time i have the courage to write and seek help and advise. To my knowledge, I stopped paying end of 1999. Because of my illness(depression, high stress, anxieties) I resigned from my job in 2000 or thereabout - i cannot fully remember!!
Soon after, I was staying with friends all over UK and for this have reason I lost all correspondence/contact with any of the debtors for more than 2 years. But i remember before that (in 1999/2000) i was so stress and fedup with the constant hassle that i just decided not to pay (and also I cannot afford to when I resign from my job). Stress, anxiety, depression simply means my head was not right then and I just simply stopped corresponding and paying. I now live in a property (only managed to do so with help from brother) with him paying the deposit, legal fees etc. have been at this address for about 5-6 years on and off (moving about staying with friends for several months at a time for support). Mortgage repayment is kept up to date by my family etc. I keep plodding along as I manage to sleep little.
Before, some friends suggested to return the letters and state that I do not live at the address which is true as i got visit friends and stay for months there. The house is not left vacant as my nephews stays in the house when i am not there. Am i confusing? Sorry for being jumpy and all over the place.
I came back recently and found lots of letters from the debt agency and have not opened them - as said some got return and some just left unopened. Now this Charge Order, I am afraid they will repossess my house - the debt is for unsecure loans taken in the early 90's.
Oh and I totally lost track on what letters I have sent back to left unopened - do i open them even these are a while ago.
Writing this is stressing me now. Will write more when my mind allows - I think I am not putting the informations in a logical order - sorry all.

[bobneedhelp]

Clearly it was not defended as I was not in a position to reply when i was away or if some of these letters has been send back to the DCA by my friends/family. They know my story and am just helping in any ways they can rightly or wrongly.
I am a responsible person and have continued to repay the debt for over 8-9 years albeit a small amount. But the DCA constant harrassment and work pressure took the tolls and i was left sick with stress and depression - that was when correspondence stopped in 2000 till now - have not made payment and do not know what i owe and who i owe money to. Bad Times! and Bad Memories .... I am trying to remember as much as I can ....

[manchester1]

Bobneedhelp,
I realise you are having a tough time however i would suggest you have a look at sufaceagent message and try to come up with the answers , the more info you can provide the more people can help you.

Manc1

[bobneedhelp]

Surfaceagentx20 thanks - alot of questions - my mind went boom! reading your questions but i will try to answer them.
1. think the letter came from the land registry ..and i think my nephew send it back? after he told me that there was a letter from the land registry / think he scan through it and saw a charging order ? i could be wrong but this is what he told me.
2. Not sure since i do not have letter with me now
3. sorry not sure
4. not sure
5. not sure
6. not sure - no agreement at all as far as i am aware
7. i dunno charger - these letters are from DCA - last loans taken in 89-91
8. nothing paid since 2000 , last payment was in 99 just before suffered from depression and stress and resign from work.
9. nothing written and have not replied since 2000
10. no have live in UK - with friends all over UK few months at a time longest being about 8 months
11. in current address since 2001/2002? or there about
12.No,
13. i am not sure as i have been in and out and my mind is not always on the most alert pace each time but i get stress and phobias with these letters all the time. Even talking here has taken me a long time to think and write I dare not even open these letters or my friends have sent some back) rightly or wrongly i have just been listening and just agreeing but i know i get tire and stress very fast so this is a huge step for me - i am glad for whatever thoughts and help. All i worry is they will come repossess my house and I hope it will not happen. This is all I got. Oh I have 2 kids (independent now almost, and it is hard enough being strong for them without them worrying about me
I wish I can continue to repay like i did before my depression but I just cannot and have no energy to talk with these DCA people because they are highly intimidating and unhelpful - they increase my stress and I have nightmares - sorry but i cannot help it!
I have some unopened letters - do you suggest i brave myself to open them and post here? I have seen them lying around.
Thanks all again for your time and patience and my apologies for the uncertainty in replies.

[bobneedhelp]

i cannot sleep - i would like to repay my debt and can i sell the house now and repay whatever loans going - i would not mind staying in a rented property or staying with my relatives - would this be a good way forward - please can I have your thoughts and is this a good way forward.

[bobneedhelp]

Now that a Charging Order has been placed in my property, should i open the letters and write a S.A.R. now to request what exactly i owe and who i owe to ...i am so confused by all these ... I am seeing double ( due to my eyes short-sighted I think) because I cannot remember to know who and what I owe to when when i owe them ....getting more confused ....help!

[surfaceagentx20]

Bob,

Just stay cool for a while. I don't expect to come up with much whilst I've got answers which read 'not sure' but, assuming you were prompt with you plea for help, I don' expect anything nasty is going to happen whilst I'm looking after things.

If this is a charging order, which I suspect it probably is, I will be able to carry out a search of the land registry (and waive the fee) but that is on the basis you are willing to reveal your full postal address in a private message to me. I will understand if you decide not to. The purpose of the land registry search is to establish what charges have been registered, by whom and with what authority.

If nil has been paid on these debts for upwards of 8 years they may have become statute barred. Statute barred is a load of baloney, the sexy bit of which reads you may have a defence. Don't go SARing anybody right now. We'll need to look into that after I've established how the charge got on your title in the first place.

If you're not keen about revealing your address (and like I said that's fine and understandable) at least get hold of the letter which reported that a charge had been registered and let me know the information in that letter. Further, gather up the letters which have not been opened and do not trash any more.

We'll have a chat tomorrow. I can't do much while I'm yawning.

x20

[bobneedhelp]

Now that there is charge on my property - does this mean they can now repossessed and sell off my house to repay the debt? I would like to pay them off - Can I put my property in the market. There is some equity so can be use to repay the debt. Please advised if this can be done and if so how?

[surfaceagentx20]

Bob will you just take a deep breath? The creditor will be unable to take any steps to enforce the charge without [1] serving papers on you (so quit not opening your correspondence) and [2] an order of the court.

You might want to review the statement 'I would like to pay them off' if in fact you didn't have to. Sure you can put your house on the market, but can I suggest that half one in the morning is not a good time to reach that kind of decision or ask how to go about it. Can I go and get some kip now?

x20 = x2zzzzzzzz

[bobneedhelp]

ok x20 will gather up letters and inform on content and await your help

[bobneedhelp]

gather mails together but finding it hard to open the letters, my hand is sweaty and shaky, my mind is just wandering all over the place - worried sick I guess.

[bobneedhelp]

found contact for local CAB - they are close today but opens tomorrow - Should i be going to see help with together with these letters?