Cohen & my property

[ginnever]

Mightyacorn, yes that is correct.. but again the CO was dismissed.. and yes the ccj is still in exsistence.. however what proof have they that they are entitled to that??

 

Spoke with our solicitors todays and said that this occurred over the wk end.. She said that the contracts have been exchanged and now it is legally binding.. nothing has come yet from the courts nor the land registry.. so not sure when they will apply the interim co or if it has already been applied.. THe solicitor said that it cud be applied right up until the day before completion.. the buyers solici will make a final check before completion.. would have thought that if the sale goes thro & completes a CO in my name could be applied to the property that now someone else owns.. Thing is I've been moved out ages. & my x only last week signed a tenancy to rent .. if i doesn't go thro now.. we'll end up with 3 properties between us..

Edited April 6, 2010 by ginnever
spellin

[blind-as-a-bat]

I have been following your thread, I really wish you luck with this, it is a case of what do you do? How friendly are you with the prospective buyers, do you trust them enough to be able to tell them and would they be willing to let HC know that they now own the house, the upshot of not saying anything is if you go ahead and sell your house and the new owners get a charging order they may look to sue you as things have changed in the forms that you sign at your solicitors with regards to what could affect the enjoyment of your property by the new owners. It must be terribly hard for you and I am rooting for you and thinking about you, I hope it all gets resolved in your favour, you have been through such a rough time, hope you can get impartial legal advice and I think that you are in a lot of people's thoughts.

 

That is a strange, very carefully worded post, from a new poster, i would be intrested to hear the legal argumant to how a CO could be filed against the new owners of the property, while i am the first to admit, property is not my strong point, i know enough people that would argue that point;)

 

If the CO is not final, and the sale goes thrue, CL/HC have yet again screwed up, i dont see how that is possible to hold the new owners liable:???:

 

I will keep further comments to myself, for now:cool:

[Elise08]

Hi, I have been looking on the forums for quite a while and it has taken me some confidence to do a post, I really do care and I want this cager to have the best outcome for them, I am fighting a lot of debt myself as well as battling a life threatening illness. Please don't keep your thoughts to yourself, please share, I will post more when something concrete happens with my debts and I will offer as much help and advice as I can, I don't know if I am right, so many kind people on this site have helped me by me reading their threads and post, I am grateful to every single one of you.

[blind-as-a-bat]

Hi, I have been looking on the forums for quite a while and it has taken me some confidence to do a post, I really do care and I want this cager to have the best outcome for them, I am fighting a lot of debt myself as well as battling a life threatening illness. Please don't keep your thoughts to yourself, please share, I will post more when something concrete happens with my debts and I will offer as much help and advice as I can, I don't know if I am right, so many kind people on this site have helped me by me reading their threads and post, I am grateful to every single one of you.

 

Trust me, it is better i keep my thoughts to myself, if i am wrong i would be doing you a disservice, and if so you have my apologies, but if i am right you will already know my thoughts.

A charging order can not be past too the new owners, if the sale goes thru without objection, even if a charging order was in place, that is the fault of the holder of the charge

[Elise08]

I am so glad if that is right, I don't really know a lot about charging orders but I know that the format for buying and selling changed a few years ago. I don't get your first bit of the post, I am a cager and I am genuine.

[ginnever]

I would have thought the #CO cannot be passed onto the new owners.. just worried that it's going to hold everything up.. and to top it all the case was discharged before. so how can they re-instate it.. If I had been charged with murder and was not found guilty I cud not be charged with the same again.. so how come these tw**s can do what they pls.. Trouble is that more than half of the claim is for charges on a credit card..

 

It has not just been debt other things aswell but it has contributed to my marriage breaking down.. to top it all we have started to communicate and then this has come up again.. as they are my debts.. but hey ho..

 

would i not receive a letter from the land registry telling me that an application has been received to attach the interim order.. I did before, but not received one yet.. the original date for completion was this week aswell

[blind-as-a-bat]

I would have thought the #CO cannot be passed onto the new owners.. just worried that it's going to hold everything up.. and to top it all the case was discharged before. so how can they re-instate it.. If I had been charged with murder and was not found guilty I cud not be charged with the same again.. so how come these tw**s can do what they pls.. Trouble is that more than half of the claim is for charges on a credit card..

 

It has not just been debt other things aswell but it has contributed to my marriage breaking down.. to top it all we have started to communicate and then this has come up again.. as they are my debts.. but hey ho..

 

would i not receive a letter from the land registry telling me that an application has been received to attach the interim order.. I did before, but not received one yet.. the original date for completion was this week aswell

 

 

While i do not wish to imply they are doing so in this case, as i have no basis to say they are, i do have personal experience of HC fabricating documents, and basically lying to suite there goals, in the form of a fabricated witness statement, a point noticed by the judge in my case, and was the deciding factor to him throwing the case out.

While i am not sure if that may be the case here, your posts on events do seem odd.

All i would say, until you or your ex get notification from the land registry a CO of any form has been lodged, or official paperwork from the court implying it has been, i would treat any communications from HC with caution

[ginnever]

posts seem odd as in??

[blind-as-a-bat]

You say the application was discharged, yet it appears that HC now seem to be claiming otherwise, yet you have no clarification from any source.

Does that not classify as odd?

Sorry if my posts came across the wrong way, maybe i should have been more specific, I do not doubt you, more the claims of HC, but there is nothing concrete…..yet

[ginnever]

Yes it was, I sent a copy of the certificate to the land registry to have the notification removed from the file which they did.. if it was not for the house sale I would write to the court enclosing a copy of the discharge notice and go along to the court with the same.. If they have presented it back to the court before a judge as it says that it has been, does noone check to see what happened previously as it is the same case no etc, ut they have changed the las t 2 digits struck tho them and wrote N7 in it's place.. but surely if they are saying that a hearing has been made then they must have contacted the court???

 

i suppose what I should do is contact the court & point this out. but i have received no new papers from court or land registry, just from these muppetts..

[blind-as-a-bat]

Have you taken any steps to verify the claims of HC that a new or resurrection of the old order has been filed at court, and checked with the court that it has?

 

By the way, is there any profit (equity) in the sale for you and the ex, in other words, is there any profit for HC to try a second time for a CO now.

 

You have to ask is the timing fate, or have they been watching for your property going up for sale?

 

May seem a bit of a stretch, but i do wonder in this modern age of information technology just what they can subscribe too to raise a flag, if you see what i mean

 

Edit- crossed with your reply, but see we are now on the same wavelength

[Mightyacorn]

You really need to check with the Court if this is a real case and then take it from there. If it is not then no problem, just report Howard Cohen to the relative authorities.

 

If it is a geniune case then it's back to square one.

 

Either way you really must do something about this CCJ, for some strange reason you are in denial over it, because you are convinced that CL Finance do not own your debt, this may be so, but unfortunately they have a CCJ and therefore they have every right to chase this debt, and they will use whatever means they have at their disposal to do so, legal or not.

 

1. Check with the Court, they will confirm the state of play with the CO.

2. Whatever the outcome of 1. Subject Access Request the OC and CL Finance let's find out what they've got.

3. When you've got whatever documention they've got Challenge the CCJ by asking for it to be set aside.

[ginnever]

Cheers everyone..

 

Just seen this :-

The creditor will also register the interim charging order as a ‘caution’ on your property with the Land Registry who should inform you of this in writing. This means you cannot sell the property before the hearing.

Edited April 7, 2010 by ginnever
addition

[ginnever]

Todate I have not been informed by either the court of a new date nor the land registry office that a restriction has been lodged against my property...

[Mightyacorn]

Todate I have not been informed by either the court of a new date nor the land registry office that a restriction has been lodged against my property...

 

 

I would check with the Courts and find out the state of play. Don't sit back and let them come to you, otherwise you might find it too late to take action.

[ginnever]

Update: house sold today all completed, no problems.. so I don't think that they could have done anything.. I no what you said don't wait but having spoken with the conveyancing solic.. last week she said that the should there be a restriction lodged on the property the sale would not complete..

[lookinforinfo]

Well done Ginny. A definite poke in the eye for Cohen.

[ginnever]

i had even found d the letter today from cohen's saying thank you for your letter and we will now notify the land registry to remove the restriction that was last September so didn't understand why its back in court nxt week.

 

I hope hat they can't put it on the house I don't know how long it will be before the other party ar registered

[lookinforinfo]

I think that land registry will be notified pretty quickly of the change in ownership and if there is not much of a backlog the entry should be soon after.

 

Interesting if Cohen mark the registry after the change of ownership..... although it could all be bluff on Cohen's part.

[CBR600F]

Interesting if Cohen mark the registry after the change of ownership.....

 

LOL

[ginnever]

Interesting won't be the word...not sure where that will leave me!!

[ginnever]

LOL

 

 

Funny for who??

[Mightyacorn]

You still need to check with the Court, all right they can't do anything about the CO as it's too late, but if Cohen's have issued papers purporting to be official then they want reporting.

 

They get away with it because no one complains.

[lookinforinfo]

Funny for who??

 

 

Well it would probably leave Cohens open to be sued by the new owners as they are not involved, plus an action by you for a breach of the Data Protection Act.

[Elise08]

So glad that everything has gone in your favour, good luck in all that you do.