Thanks for the help, i believe it costs £80 for a set aside application am i correct or has it gone up with all the recent county court fee increases ??? Also if your set aside is granted do you get your money back ??? Thanks

Its WRIGHT HASSEL (well named) on behalf of AKTIV KAPITAL. So he should attempt a set aside based on bad or incorrect service as andyorch suggested in post 4 yes ??? Also what about the CCA ??? The 12+2 days is up in 3 days time and if he recieves nothing i presume they are in breach ??? However does the CCA request have any validty when technically they had already started legal proccedings when he sent in the CCA request ??? Thanks.

Update time. I rang the court as suggested explained the situation and was advised to return the claim pack with a covering letter which i did. I went into as much detail as possible in the covering letter so the situation was clear to whoever read it. I also rang the solicitors and put them in the picture, they were fairly abrupt as you might expect. I asked why they were corresponding with my ex partner at my address and they replied that this was his last known address. This is a complete load of rubbish he has never lived at my address. They did not really say what action they would take from there, and that was that. Over the following few days i made attempts through other people to get in touch with my ex which i did, it turns out he is still living in the house we shared together, this has been his address for the last 25 years so why they are chasing him at my address fails me. I informed my ex what was going on and it turns out the last letter he had at his address about this was july 2012, obviously by this time i had returned the claim pack so my ex sent a CCA request which has been recieved and signed for he has not contacted the court or the solicitor just a CCA to the DCA which now owns the debt. Today i have recieved another letter for the ex at my address from the solicitor saying judgement has been obtained blah blah blah. I have contacted my ex he has recieved nothing regarding the judgement or the CCA request from anyone, not even the court. Any advice on what to do ??? More so for my ex partner than myself to be honest now. Any help would be greatly appreciated. Thanks

Thanks for that andy. So should i ring the DCA as well ??? The reason i ask is because a friend of mine tried to avoid a CCJ once by returning a claim pack to northampton unopened not known at this address. Northampton just ignored this and the next thing they knew 3 weeks later judgement in default arrived. As i said earlier i would not want my ex getting a CCJ by default nor do i really want all this at my new address. Surely if i contact DCA they are then under an obligation to withdraw the claim until they track my ex to his current address ???

Hi folks i have been recieving various letters from a DCA and their in house solicitor for about 18 months for a debt belonging to my ex partner and today a claim form from northampton. I have just ignored all their letters. We shared a house together for many years but split up about 7 or 8 years ago and i moved out and into a new address. We split on good terms not hating each other but i have not seen him for a couple of years and he certainly has never lived at my new address, not been on electoral register, applied for any credit at my address or anything like that so i dont understand why they are chasing him at my address. What should i do ??? I dont know how to contact my ex any more (i think he has moved from the house we shared) although we are not together any more i dont like the idea of a DCA getting a CCJ against him without his knowledge and not being able to defend himself. Should i contact court/DCA/Solicitor ??? Are they obliged to stop the claim with the information i give them which shows he has no idea whats going on. Thanks.

So in laymans terms lets say my mortgage company and the bank with the restriction (remember same bank) are called scottish bank and the guy who wants to buy my house is called fred and i am called bob, the restriction should read something like this. RESTRICTION:-No sale of bob's house, other than a sale by scottish bank(mortgage holder),is to be registered without a certificate signed by fred for registration or fred,s solicitor that written notice of the sale was given to scottish bank at their address(restriction holder), being the person with the benefit of an interim charging order on the beneficial interest of bob made by xxxxx county court on ??/??/???(date) (court referance ?????). I think i have my head round this now can you confirm please ganymede ???

Getting really urgent now can anyone help please ??? I have just spoke to a solicitor re dealing with the sale for me he was unhelpfull to say the least considering he set to make almost £500 for a house sale. He said this all depends on the wording of the restriction. i have just rang the land registry because my solicitor reckons i should have recieved the wording after the final charging order from land registry. Well it turns out the creditor did not get back in touch with land registry after the final charging order hearing however the restriction that was entered when the interim charging order took place is entered and is still valid. The girl at land registry said it is quite common for creditors to do this .She also gave me the impression this would have to be paid for a sale to complete however im not so sure. This is how the restriction is worded on the paperwork i got from land registry after the interim hearing :- "RESTRICTION: No disposition of the registered estate, other than a disposition by the proprieter 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 conveyance that written notice of the disposition was given to (the bank and their address), being the person with the benefit of an interim charging order on the beneficial interest of (me) made by the xxxxxx county court on (date) (cort referance XXXXXX). Can anyone please explain what this means in laymans terms. Im getting a bit lost off with all these words like disposition, applicant, conveyancer etc. Could someone retype the restriction wording with words that make it a little more understandable to myself. Thanks

Thanks for the advice ganymede it is much appreciated. all i need to do is find a good solicitor who knows his stuff and everything should be ok, i will make sure when i ring around to find a solicitor that i find one that knows the difference between an equitable charge and a restriction. Having read a few other threads it seems lots of solicitors dont know the difference and advise their clients that they must pay the charging order for the sale to complete. The last thing i need to mention which i have not is this - the agreed sale price will easily pay our mortgage off and the charging order if i chose to. Our mortgage is through one of the high street banks however the charging order is also through them. Our mortgage is not in arrears or anything in fact never missed a payment but the charging order is off a personal loan and overdraught on a current bank account i had with said bank. Do you think this will make any difference ??? i am assuming the bank will be notified almost straight away when the sale process begins so giving them a slighty earlier heads up than they would probably have on most of their other charging orders with customers who dont have a mortgage with them. Do you still stand by your opinion in your last post that there is nothing they can do to stop the sale ??? I hope your answer is yes. Thanks

Thanks for that ganymede, so that means i should have a restriction not an equitable charge yes ??? My debt only but joint ownership of property. Your correct my charging order docs dont mention a restriction nor do they mention form k. Its more the ccj i was not happy about but i then just rolled over so to speak and allowed the charging order process to continue. However as i said earlier i dont have time to worry about that at the moment i only need some sound advice from the likes of yourself to make sure this house sale goes through hopefully without a hiccup. The main points are:- who does my solicitor have to inform of the sale ( the creditor, the land registry, the buyers solicitor???) and how near to completion date could he leave it. I also read somewhere that the buyers solicitor has to inform the creditor and/or the land registry of the sale, is this correct ??? People on other threads have mentioned leaving informing the creditor of the sale until almost completion date to stop the creditor from being able to act, but no one explains how they could act if they did have sufficient time. Sorry for all the questions.

This was off a few years ago, I do dispute the debt and am also not happy with the circumstances which led up to the charging order been granted. However that will have to be put on the back burner for now and i will deal with the debt when it reverts back to a ccj when i hopefully sell the house. So the top and bottom is i have a serious offer from a cash buyer to purchase my house, once i agree the whole deal can be done in 14 days which i suppose is an advantage in these circumstances, giving the creditor little time to put a spanner in the works. The buyer has made me an offer, all i have to do is pick the phone up to say yes and the wheels will start turning on the purchase. So i could really do with some sound advice on what to do ??? I suppose finding a solicitor who understands the diff between a charging order and a restriction is the first thing, but i would have liked to be clued up so any solicitor does not try to make me pay the restriction. Thanks

My next question is in relation to the type of restriction. I have read that there are more than one type and have also briefly looked on the land registry website which also indicates there are more than one type. Can anyone shed any light on this subject ??? It seems that a type "K" restriction seems quite common but i would like some info if anyone knows what the difference is between each ??? I have looked on my "final charging order document" which i received from the court after my charging order hearing and it does not give any indication of which type of restriction i have. I was wondering if the only way of finding out is by accessing what it says about my property with the land registry. Can i phone them and get this info ??? I have had a quick look on their website and you can pay £3 to get a pdf of the title registers showing ownership details of a property ??? Would the type of restriction be shown on there ??? Thanks

Hello first timer here. I have had a good read on here about charging orders but some of the information on the threads is a little old and am concerned if there has been any law change or land registry change that would effect my situation. From what i gather i have a restriction and not a charging order as the debt is in my name only but i own my home in joint names with my partner (not married). Throughout the court process this situation was referred to as charging order and also the court paperwork is worded charging order. I believe this is just standard practice ??? Many people say they just like you to believe you have a charging order when in fact it is a restriction??? Am i correct ??? I have other questions to ask about this matter but will wait for responses to what i have already asked before going any further. Thanks.