Charging Order Made Against Parents Property!

[TONY7]

I wish to find out whether a breach and a violation has been committed towards a register of a charging order with a CCJ against an existing debt I have.

 

The CO was made on my parents house who don't own the debt but I do - I have no assets.This is worrying as the creditors have been in contact stating that a CO will be inforce and a repossession order applied - or is it a form of unsecured debt that they are entitled to?

 

How can I get this cancelled If not shall I then get my MP involved to intervene?

 

I look forward to any response.

Edited October 29, 2008 by TONY7

[tifo]

this is definately wrong. Contact the court and ask for a set aside, on the basis that it is not your property.

 

your parents (and you) might want to look into possible compensation from the creditor.

[Ell-enn]

As I understand it, the creditor is supposed to establish who owns the property from the Land Registry before they can go ahead. If you are not named as owning the property how did this get through the court system?

 

Exactly what paperwork have you had in relation to this charging order?

 

Kind Regards

 

Ell-enn

[TONY7]

Many thanks for your replies...WOW I can sleep at night now!

 

A charging Order sent from the Land Registery to BOTH parents Mr & Mrs claiming that interest has been made against this property if you would like to object please do so in writing before certain date..DID but was ignored!

Now going to court to set aside CCJ as was redundant and claim SSB!

If compensation route how can I go about this route??

Edited October 29, 2008 by TONY7

[sequenci]

It sounds like the creditor has only registered an interim charge against the property and not a final order. You would be able to defend the action at the final charging order hearing. Get your objections sorted ASAP! How long have you lived there? Do you contribute to the mortgage etc?

 

Do you have grounds to set the ccj aside? what is the situation there?

 

Compensation? I doubt it very much tbh.

[tifo]

Compensation? I doubt it very much tbh.

 

Why not?

 

The parents have a right to have the charging order removed and receive compensation or an allowance for time value and costs etc because the debt is not theirs and neither are they the guarantor.

 

The creditor has 'tricked' the court into believing it was making a charging order on the debtors own property, otherwise it would not have been granted. In that case, the debtor has a valid complaint.

[sequenci]

There isn't a charging order on the property at the moment. From what I gather it is just an interim charge which has registered an interest in the property. This will soon be discharged unless the creditor can prove that the OP has a beneficial interest in the property.

[TONY7]

I agree with Tifo - there should NOT have been any CO of any kind

and besides a conversation stating that they (Solicitors) will apply for a repossession order sounds alarming to me - so I am currently seeking legal help and by god will I seek compensation if this is wrong!

 

SEE MESSAGE BELOW!

Edited October 30, 2008 by TONY7

[sequenci]

Tony, from the info YOU have provided there seems not to be a charging 'order' in place at the moment.

 

My understanding is that the creditor has registered a caution against your parent's property in the form of an interim charge. there will be a subsequent hearing which will allow a judge to decide whether or not to make the order 'final'. Usually, it will be very clear that the property is not yours and trhe inteerst in the property will be discharged. The only time where there is the possibility that a charge could be made final is if the creditor can prove that you have a 'beneficial' interest in the property of significant value.

 

 

take a read:

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[pt2537]

i think that compensation is something that is unlikely to be available or awarded.

[TONY7]

Hmm - there should NOT have been any CO of any kind and besides a conversation stating that they (Solicitors) will apply for a repossession order sounds alarming to me. But I have JUST been on the phone to the court for a CCJ hearing and was suggested to write in and complain so the Judge will look at it!

YES there is a CO against this property as was stated as it was confirmed!

[sequenci]

You need to apply to the court to have the charge dis-charged on the grounds that you are not the registered owner of the property. Did no one attend the final charging order hearing?

[pt2537]

this is a somewhat confusing thread, is there any chance you can post a copy of the order of the court minus the personal details?

 

I am wondering whether you have been misinformed about this ?

 

I have to agree with sequencis post above, as something just doesnt ring true here

[TONY7]

Unfortunately NO one attending a hearing on 25 July 08 but I sent a letter objecting to the CO but was overruled and additional costs added to the debt. Personal issues arose.

 

I am going to write again to the court objecting that a CO should NOT have been made & I shall give plenty of reasons.

 

Any letter templates would be helpful on this matter...

[sequenci]

You need to apply to the court on the n244 form asking for the charging order to be discharged citing Section 3(5) of The Charging Orders Act 1979 stating that you are not the owner of the property. You should also supply evidence to prove that fact.

[TONY7]

There was an application hearing 25 July 08 at Bradford. It was NOT feasible to get to bradford as WE leave in Kent. But still an objection letter was handed in but overruled!

 

On the B136 CO Application Notice:

Registering a Restriction Against the Land.

Addressed both to:

Mr & Mrs.

 

'If a court order is made against a person who owns the property with you and not you personally then the above restriction still applies. The court order only affects the interest in the property of that person but the applicant can still make this application'.

[sequenci]

Tony, that is just the interim charge notice from the land registry, have you had anythign else to state that the charge has been made final?

[TONY7]

Application only and that WE did NOT attend hearing!

 

'Also Written Notice of disposition was given the creditor at solicitor being the benefit of an interim charging order on the beneficial interest of Mr made by Bradford CC'.