So how would he go about finding this out?

Is it down to me to prove it now or let him work it out?

Would he need to go to court?

If he can't get the money that way is there any other way?

I've just got rid of a CCJ and 6 years of bad credit so I don't want anything to kill me off for another 6 years!!

Yeah I see what you mean!

I received the solicitors 'letter before action' giving me 14 days to pay

(they found out welcome charge had gone so think there's money available!)

so what would you recommend I do?

I haven't had any contact for around 7 years and kinda want to not reply!

Will they go straight to court?

Will they ask for proof of mortgage balance, valuations before they go to court?

What else could happen?

No money no pay I think!!

So it makes no difference if interim or full?

Hi Ganymede is this enough or do you mean the whole thing including restrctive covenants?

Title absolute

RESTRICTION: No disposition of the registered estate by

the proprietor of the registered estate is to be registered without a

written consent signed by the proprietor for the time being of the

Charge dated **.**.**** in favour of *******

referred to in the Charges Register.

Charges Register

(**.**.****) REGISTERED CHARGE dated ** month ****).

just read the below section on the register which i paid for and downloaded .

. i thought this was full register so could there be more indepth info on full?

The following extract contains information taken from the register of the above title number.

A full copy of the register accompanies this document and you should read that

in order to be sure that these brief details are complete.

Neither this extract nor the full copy is an 'Official Copy' of the register.

An official copy of the register is admissible in evidence in a court to the same extent as the original.

A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy.

This extract shows information current on 29 JUL 2016 at 10:19:04

and so does not take account of any application made after that time

even if pending in the Land Registry when this extract was issued.

Ive read it but it's not really making any sense to me?

I never went to court,

I have now got all the old paperwork out of the loft!

Sorry to be a pain - could u tell me in leymans terms?!

It's a charge listed under same section as mortgage

- is there some particular wording I'm looking for?

Would there be a difference between interim and full charging order?

Check whats registered at the Land Registry

informed when it's too late..!

and they'd never get a penny cos it would be my wife's as per solicitors agreement we had done!

they're testing the water,

there's no money as no equity.

Hopefully they'll get back in their box!!

Is there anything else they can do? Bankruptcy?- I have no money.

CCJ?

- I have never had a CCJ from them even though they have a charge

- could that mean the charge is interim not full?

Hi Martin

yeah I recently had a welcome finance charge removed!!

Chuffed to bits that happened but opened the door to these chancers!!

I believe you're correct on it relating only to that property.

I wasn't with my wife when this all started and she put a considerable amount of cash into our home

there wouldn't be anything here for them as any equity is hers and I believe wife could refuse to have charge?

Also any charge would only be a restriction as its a joint mortgage so they'd never get any money that way!!

Yeah that's what I thought, there wouldn't be anything left!

they can't then decide to take a different route once they realise there's no money in the property?

My home I live with wife and kids can't be touched?

will they not know there's no money until court or will I have to provide info before hand?

I haven't had contact with them for 7 years,

why do you think they've suddenly written now?

So if they are threatening to force sale now and there isn't any equity then they can't do anything? I have another property I live in with wife and kids they can't touch that or get charge on that?

Six years to enforce or execute a judgment...you dont have a judgment...you have a charging order placed as security against your property...it stays until the debt is settled.

I heard that the court looks at 6 yrs bring adequate time without contact even on secured?

Why have they contacted me now?

Many thanks!

A charge over property (rather than a mere restriction) is "secured" : it is secured over the property.

 

Once issued it doesn't have a limitation period : it doesn't become statute barred.

thanks for the quick reply martin!

the LR states under section C along with mortgage there is a registered charge ,

am i looking for particular wording?

There was never a CCJ

- well at least it never showed on my credit file and im not aware of one!

and i never went to court for any of this!

like i mentioned this was an individual business and his solicitor that i was fighting

just thinking .. if there was never a CCJ issued but they got a charge put on my property is that secured or unsecured? is it possible to get a charge added without a CCJ being issued??

there has been no payment or contact for 6 years!!

Hi all!

A long story short

( i have touched on it previously some time ago)

im happy to expand on the details if you want.

I have a charging order on my property,

there is no CCJ and its not from a financial institution.

Ex landlord who i rented a shop from and business collapsed.

He wanted £15K from me

i said no way

so he got a charging order attahced in 2008.

i paid a small amout of money each month but then stopped in 2009 and had last contact with him in 2010.

Now he has suddenly had his solicitor write to me stating if i dont pay they will push for sale of the property.

he wants £20K inc interest.

even though he has a charge against my property

is there a limitation on how long it can be chased? ie 6 years?

i have heard that the court feels 6 years is enough time to chase?

is this correct and would that tie in with why i have suddenly heard from the creditor?

i thought there is a 12 year limitation on secured but would like clarification.

There is no equity in the property

- perhaps £5k but after fees etc there would be none so it seems pointless he is chasing all of a sudden?

Is it a coincidence that its 6 years almost since last contact??

I have recently had a welcome charge removed from the property

could they have looked and now think there is the equity available?

there is no CCJ, im thinking maybe the order is interim?

Help!!

So if I remortgaged and took out a joint mortgage then sold?

If I don't remortgage and just sell would I get away with it?

Thanks

What's a restriction? I want to risk selling it but don't want solicitor to notify them b4 sale goes through?

No problem dx ask away! I really appreciate your help in this complicated situation!

It's a sole mortgage in my name, I rent it out as I have a family home.

i need to approach a solicitor to see about selling but im nervous about asking if they will overlook the charges on the property ( welcome being one of them) any advice?? or do you reckon Welcome will remove it soon?

Why do think my charge wasn't removed?

They don't know they still got charge? Or they reckon they can get something?

Thanks

Hi all,

I have received a letter today a notice of assignment from a company called Robinson Way

they say they have taken the debt from MKDP,

Is there anything I need to be weary of or is it business as usual?

If MKDP Thought they'd get anything they would have kept it?

and the solicitor wont think it wrong if i tell them not to mention it? will any solicitor do this?

Ok and that goes for any charge if the creditor is no longer around?

you keep quiet about the charge

if your sols ha any sense h'ell not do anything about

theres no-one to enforce it welcome are dead.

 

 

you don't have to tell anyone with a charge you are selling.

 

 

if the so called creditor doesn't know

and you sols are cute, it matters not

 

 

dx

Ok and that goes for any charge if the creditor is no longer around?

Ok thanks will do but just before I leave u in peace.... When it leaves my credit file on the 6th birthday what happens to the charge? Even if MKDP don't know it's there, how do I sell the house?

plan of action is do nowt unless they escalate things

 

 

them marking your cra file is not harming you any further

 

 

just sit it out and wait for the debt to vanish from the CRa file on the defaults 6th birthday.

 

 

not really an awful lot else you can do.

 

 

I suspect MKDP have no idea at all that the charge exists.

 

 

dx

Ok thanks will do but just before I leave u in peace.... When it leaves my credit file on the 6th birthday what happens to the charge? Even if MKDP don't know it's there, how do I sell the house?

Evening dx,

I think i need to get a plan of action now

because if i just leave this ticking over then every month i will just get a default on my credit file for ever more..infinitely?

if Welcome have the charge on my property but they sold the debt to MKDP

then surely there shouldnt be a Welcome charge anymore?

If MKDP bought the debt then should the charge be in their name?

can they do this?

I take it MKDP bought this debt for nothing so they shoot at many a barn door

until they hit one and the person they are chasing gives in??

I really want to put this to bed (and leave you in peace!)

what do you recommend i do??

Also-- it is westcot calling, haven't spoken to them.

. Who would they calling for?

Would they have bought it from MKDP?