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Charging order and signing house over to wife.


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HI All

 

 

I have a situation to which i am looking into now. I was issued with a charging order which was made final after i was unable to pay full amount due to no work or money. this was issued due to me admitting the debt as i stated in a previous thread. i had problems with newborn at the time and signed the paperwork to stop the calls.

I was then told that as i signed the ccj the agreement is not needed and debt is now enforceable hence the full and final charging order.

 

now my next question is the wife has said enough is enough and has stated that she wants the house signing over to her. i have agreed to move out and she will take over but where does the charge stand.

is it on the house or my interest and if the full house is hers does it still count.

I must add were not swinging this to get out of charging order she just wants a fresh start as debt mounting up is causing us issues.

 

I have sent subject access request as per advice in my last thread and awaiting rbs to respond.

I am also going to complain to rbs as i feel the could have offered me a secured loan instead of unsecured as they now have with charge.

 

 

Just after anyones advice.

 

Regards

 

James Smith

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Hi Smudge, I am sorry you haven't been able to get more help than my pathetic attempt, but have a look in the legal issues forum and legal successes, you can sometimes feel as if you're going cross-eyed looking for info I know, don't know whether you found this link already but if not hope it helps:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders-8.html

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  • 2 weeks later...

I'm sorry but the charge is on your share of the equity in the property. a court order has made this decision. The land registry office & the mortgage company will have been informed. You cannot now transfer your share to your wife, it nolonger belongs to you, until you reach a settlement with the bank, and get the charge removed you will not be able to sign your share over.

:(

 

This is correct, you cannot use the CCA once they have judgment. However, if you want to challenge the CCJ, and require a copy of the agreement, you need to use CPR, discosure of documents they refer to or you require. There are different CPR requests, one will best suit you. Also do a DSAR, they have to comply. You never know what this may reveal.

 

Good Luck

 

Debs

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hi debbbbsy

 

do you have a link for the cpr. how would this help with getting agreement from them. im now going to report them to financial body as i feel they should have respected my wishes and not passed the debt to a collection agency when it was put in dispute.

it wont help me now but may get the heat up on them .

 

rgds

 

james

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You will need to look at setting aside the Charging Order.

 

Although the Charging Orderhas been granted, it would be noted as a "Restriction".

 

The first step, as already advised is to get the necessary documents through a Subject Access Request.

 

Have a look through the links below -

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

A Guide to Charging Orders by Sequenci

and this gem of a post ( Courtesy of FunkyFox ) -

 

FunkyFox post

 

Whilst Debbbbsy has suggested using Civil Procedure Rules letters, you should not use these until an application to set aside the Charging Order has been made.

The Creditor is under no obligation to respond to CPR letters until a set aside is applied for.

 

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im now going to report them to financial body

 

Although the FO is supposed to protect consumers, and look at cases in an unbiased manner.......it really is a joke.

Put in your complaint , but Do not under any circumstances put any faith whatsoever in the FO. You'll die of old age first.:rolleyes:

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