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Andyorch

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Andyorch last won the day on April 23

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About Andyorch

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  1. Find out who the Judgment claimant is and then contact Northampton CCBC for details of the claim and judgment. https://www.trustonline.org.uk/ Come back when you have all the details of the debt and judgment. Andy
  2. On the basis of what you have uploaded which they have provided after 2 years...some cobbled together screen shot from god knows whos accounting system...do you really feel a need to reply ? If they are confident that represents proof of service of default notice then let them proceed and lift the stay. Andy
  3. Not in the Legal Success Forum yet...it was in this forum...I only transfer them a few months later.
  4. Simply tell your Solicitor to pay it from the proceeds and then deduct from your share of the balance.
  5. Its really dependant on how both Solicitors approach it...but if you do not want to complicate the sale probably best to pay it...assuming you agree you owe the debt ?
  6. I will see If I can find it but check any Cabot thread on the 1/2/pages here marked Dismissed.
  7. they have some nerve ....giving you 14 days to respond and yet they have waited nearly 2 years.That default summary from their own internal systems was recently dismissed on another thread as there could be no proven link to the OC or the service of a valid default notice pursuant to sect 87.1 CCA. Andy
  8. Since the Land Registry Rules 2003 took effect in October 2003, a charging order is registered as either an ‘agreed notice’ (shown on the register as an ‘equitable charge’) or a ‘restriction’. Prior to October 2003 where only one of the owners / registered proprietors was the judgment debtor, the order was registered as a ‘caution’. A caution served much the same purpose as a restriction. Any cautions registered before October 2003 will remain on the register. A notice or restriction does not impose an obligation to make payment when the property is sold. However if the judgment debtor (or any one of the co-proprietors) attempts to dispose of the property, the District Land Registry will advise the claimant of the interest in the property. Prospective purchasers will be wary of buying a property subject to a notice or restriction and, more often than not, will want the notice or restriction removed before completing the sale. The effect of the restriction The debtor and his joint owner’s freedom to sell the property is not affected by such a restriction. They could sell the property as if there was no charging order against the debtor. All that was required was that the new buyers or their solicitor write to the creditor informing them that they now owned the property and then confirm to the Land Registry that they had given that notice. Then the buyers could register the property with no further complications. The creditor, who is sitting back, waiting to get paid, instead just receives a letter confirming that a sale has already taken place, typically a week or two after the sale so there is little they can do to get the debt paid. In theory the creditor could apply for a freezing order against the debtor to try and obtain the cash from the sale proceeds. However, most creditors will never make such an application: The cost of applying for such a freezing order would run into thousands of pounds. The debtor might have spent the cash from the sale of the property before the freezing order was obtained so there is little, if anything, for the freezing order to bite on. Regards Andy
  9. Responding to your PM If the Statutory Demand follows a Judgment given by the Court, then it may be difficult to challenge the validity of the Statutory Demand even if the Judgment was obtained by default. A Statutory Demand can be used as an alternative to commencing proceedings through the Court, or it may be used as a method of enforcement for a creditor who already has a Judgment which has been unpaid. However should you be served with a Statutory Demand it may be possible to set a side on the basis that the court is satisfied that the value of the security (IE the Charging Order already in place) equals or exceeds the full amount of the debt; Regards Andy
  10. Hi and Welocme to CAG I have moved your thread to the appropriate forum hopefully you will get a response. Regards Andy
  11. Absolutely......file with court a few days before time and serve on the death.
  12. Its an option but normally the court expects you to make an application to request it which would incur a fee.....but if your Order states that the court will strike it out if they fail you can simply request it and the court actions it of its own volition.
  13. Ask the court to impose sanctions if they have failed to comply .....IE Strike out the claim.
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