Hi I have a joint mortgage with my husband

we are hoping to sell our home

there is a restriction on the property for £10k

if we do sell will the whole amount be payable to the restriction or just half of the equity as it’s a joint mortgage.

Also can they stop a sale on the house.

Is it a restriction K?

If it is, do you have a conveyancer / solicitor who is willing to follow what the restriction K mandates (& only that), or one who thinks the beneficiary of the restriction has more powers.........

If you have a savvy solicitor / conveyancer, they can reassure the purchaser’s conveyancer that the restriction (K) will be complied wiith.

its a restriction k

you only have to tell them WHEN its been sold.

tell us about the CCJ and the CO

who got it and when

what the original debt was and who was the original creditor.

and why is wasn't? contested.

It states

Restriction, no disposition of the registered estate other than the 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 by of the disposition was given to HFC

Being the person with the benefit of an interim charging order

Original debt with HFC taken over by restons solicitors

Can’t find the ccj as it’s fallen off the credit file

Didn’t contest at the time buried our heads in the sand

What is a restriction K . And surely I can’t sell my home with one on the land registry as the new owner to be would be stuck with it

no its in your name not the new owner.!!

once the home is sold it vanishes

I suggest you read bazzas post carefully

and mine!!

So find a savvy solicitor and they only have to inform the creditor after the sale. . .

yep!

tough luck on HFC eh!!

but as I bet the debt was all PPI or life ins / penalty charges anyway

you didn't owe anything probably

ever thought about reclaiming those?

The loan was for a car finance I pay them £50 pm have have done for yrs and yrs

I didn’t think I could claim ppi this far down the line and also it’s a debt so how can I claim on a loan I defaulted on

I just need the equity in the house and if they had a right to it, I wouldn’t be able to sell.

why are you paying on a restriction k?

did the judge order it?

somethings not right here.

but ofcourse that's restons for you....

don't tell me

you did this over the phone too...

oh and ofcourse you'll be charged the full sum for the restriction k as listed when it was registered...if you blindly let a non - informed solicitor blindly pay it - which they SHOULD NOT!!

all your payments you've been making all these years wont be takien into account either

as its paid for restons to have nice holidays and drinkies down the pub every night.

had blind...sorry..

dx

sorry I'm being stupid here but can you clarify the points you made,

i pay Resterns £50 pm cos I'm sure they told me too at some point.

will this not be coming off the restriction balance??

can someone post a link in regards to a restriction K

thank you

can someone post a link in regards to a restriction K

thank you

Well, there are the posts from dx and myself, but if you want a link from a legal professional:

http://guildfordchambers.com/1774-2/

I'm just trying to get my head around the fact that it basically has no actual restriction, so whats the point in it?

its been almost 10 yrs on there and all that time i assumed i wouldn't be able to sell my house.

i appriciate you guys actually taking the time to answer my questions

just wanted clarification what to say to a solicitor

can't really say i wanna move house

but i don't want the 10k to come out of my equity

so we have to let the restriction company know after the sale, surely he will think I'm being dodgy

I'm just trying to get my head around the fact that it basically has no actual restriction, so whats the point in it? its been almost 10 yrs on their and all that time i assumed i wouldn't be able to see my house.

That article is actually aimed at those seeking / holding the benefit of charging orders, and points out the Form K restriction is standard wording given at the interim charging order stage, and suggesting that:

a) an application for a final charging order should be made, AND

b) that application should ask for the wording to be changed to better protect the interest of the holder of the charging order.

It is open for the holder's of charging orders to do this, if they chose. The fact that many don't is because it seems the effect of a Form K restriction is widely misunderstood (as I also misunderstood it until I saw dx posting about it, and then looked into the exact wording!)

i appriciate you guys actually taking the time to answer my questions just wanted clarification what to say to a solicitor can't really say i wanna move house but i don't want the 10k to come out of my equity so we have to let the restriction compost know after the sale, surly he will think I'm being dodgy

Actually, it is the purchaser / their conveyancer / conveyancing solicitor who has to give the notice, but they'll often ask the seller's conveyancer to get the restriction lifted (by giving an 'undertaking' to do so).

An 'undertaking' is a formal legal promise to do (or not do) something, and 'oils the wheels' of many legal transactions, so is taken very seriously by regulatory bodies for solicitors / conveyancers...

Remind your conveyancer that whilst they'll have to comply with any undertaking they give, they CAN give an undertaking (to get the restriction lifted by advising the Land Registry of the transfer), and don't have to give an undertaking about holding back part of the proceeds of sale (for the charge), as that isn't what the Form K restriction requires.

Your conveyancer will then think you are savvy, rather than dodgy!. You can remind them they are:

a) complying with the Form K restriction, and

b) acting for you, not the holder of the charge!.

You can expect the holder of the charge to come after you for the money once they receive notification that the property has been sold and the restriction lifted.....

Since it has been 10+ years you might hear "they'll need the court's permission to enforce the CCJ as it is more than 6 years" - this is technically true, but is one of those situations where the court will invariably grant permission, given the property being sold and the charging order no longer existing..........

so i can expect them to come after me for the money?

even tho i pay them every month?

can they issue a new CCj?

I'm sure I've had one in the past regarding this?

but its gone off my credit file,

can i find previous ccj,

i don't have the paperwork for it,

I'm going to have to look for a conveyancer with his head screwed on, and in this little town thats going to be hard work.

no they cant issue a new CCJ

and I doubt you'll hear from them

it cant return to you credit file

if you ring northants bulk with the CCJ number

they'll send you a copy of it and the judgement by email PDF

i'd be getting an sar running to HFC

hope they've been getting all this money you've been blindly paying..

see what you can reclaim.

hope you are not blindly paying any other DCA's on any other debts too?

dx

so i can expect them to come after me for the money? even tho i pay them every month? can they issue a new CCj? I'm sure I've had one in the past regarding this? but its gone off my credit file, can i find previous ccj, i don't have the paperwork for it,

They don't get a new CCJ, they get to use the old CCJ. It doesn't reappear on your credit report (thyat'd be unfair, as otherwise they could keep getting it reapplied to the credit report to hound / pressurise people again and again for over 6 years, and they cant do that!). This is where it being the same (old) CCJ actually works in your favour.

Do you have a Tomlin order for the repayments?. If so, stick to it.... and they can't come after you easily. I guess not, since you have a CCJ, and if you'd agreed a Tomlin Order, it is unlikely it'd have gone to the CCJ stage!.

If not, then it is "just" (fair) for them to come after you for the sum even though you've been making the £50 pcm payments, as your situation has changed with the house sale..... of course, any new payments will be based on your financial position, so if you can show you aren't able to pay more than £50 pcm (if that!), then they are square out of luck .......

i don't no the ccj number, i will SAR HFC and go from their,

i don't have any other DCA I'm paying,

whats a tomlin order?

whats a tomlin order?

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order.

Google is your friend

Absolutely!.

As I noted it is very unlikely you agreed a Tomlin Order (as it is rare these then go on to a CCJ : if kept to they are an alternative to a CCJ)

I only mentioned it because if you did have one and it said “£50 pcm” they can’t then use any other enforcement as long as you stick to the £50 pcm.

If your agreement for £50 pcm was a more informal one than a Tomlin Order they are able to seek to vary it if your circumstances change, and especially if they lose their K Restriction and know you've just come into a pot of money.

i have no recollection of a tomlin order

I'm sure we just agreed the 50pcm with restons,

i haven't even had contact with restons or HFC since 2011,

so i think I'm going to defy SAR them to get or my documentation in order,

i have not come into a pot of money

my house has a mortgage for 67k

i have a secured loan with welcome on it for 15k original loan was for 17k paid that for 12 yrs and at £200pcm so I've paid 26k off it and still have to pay 15k.

i asked them for a early settlement but they refused...

so when all thats paid i will have 13.500k left out of the equity and i need that to put down on my new home.

17K 12yrs ago and you've still15 to go!! that's welcome for you..

you have ofcourse checked they've not added PPI/life/warranty and any other reclaimable crap on that...bet they have

typically 50% of welcome load contain reclaimable stuff

Nope i haven't checked i know i know!!! on the agreement it says no to PPI..i guess i better SAR welcome then

got that reclaiming done?