Removal of a resriction to Title on Land Registry

[4148boome]

Hi all,

 

My debt with MBNA (on agreed token payments) was passed from Transcom to Arrow Global and then being delt with by Copes Solicitors.

 

Dec 2007 they went for CCJ and obtained judgement, i continued paying the same token payments.

 

October 2009 an Interim Charging order was aplied for, this has been adjourned until 28th Nov 2009.

 

I have sent an Objection to The Charging Order letter to The County Court and Copes.

 

I have now recieved a B136(CO) notice of application from Land registry with regards to the forthcoming hearing.

 

Obviously, apart from the fact that Arrow are turning an unsecured debt into a secured debt,

does anyone think that I have any chance of getting this dismissed?

 

any comments would be gratefully recieved

 

dave

[angry cat]

Give the CLS a ring; you may qualify for legal help:

LSC Website : Community Legal Service (CLS)

[cerberusalert]

Moved to Legal Forum

[angry cat]

Bumping this thread up for further comments.

[4148boome]

Hi all,

 

I am in a Debt Program, with agreed payments to all my creditors.

Suddenly out of the blue one of them takes out a charging order on my property (no missed payments or anything) thought this wast possible.

 

Anyone know the legals?

 

dave

[maroondevo52]

Hi,

 

I'm not too clued up on charging orders but 'lifted' this.............

 

What is a charging order?

 

You have fallen behind on some of your debts and your creditors have taken you to court to obtain a county court judgment against you, ordering you to repay your debt. If you do not, they can get a 'charging order' against you, which may force you to sell your home to repay that debt, even if it is an unsecured loan or credit card.

 

However, the order not only allows creditors to force you to sell your home, but also other assets such as funds or stocks and shares.

 

However there are various things you can do to get out of this when you turn up in court to defend yourself (you will be told of this court date well in advance).

 

These include:

 

• An instalment order

 

An instalment order is issued by the county court and allows you to repay your debt in instalments. If you are up-to-date on these instalments, a charging order can not be used against you. The Ministry of Justice had plans to allow lenders to force you to sell your home anyway, even if you were up to date, but these charging order plans have been shelved. If you were supposed to pay back the entire sum in one go and didn't, then you're in trouble.

 

However if you have an instalment order in place, you must turn up to the court, provide proof of this and also that your repayments are up to date.

 

This is based on a case called Mercantile Credit Co Ltd v Ellis in 1987, which shows on precedent that a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the lot in one lump sum and failed to do so.

 

Even if you did not make a lump payment as promised, you may also be able to argue at the last minute that you would be more suited to an instalment order or an 'attachment of earnings' order, in which regular payments are taken straight from your monthly salary.

 

This is the most important defense – a willingness to repay the debt gradually – as even if a charging order is granted, your home may not be sold finally if you can prove you have some money that you are willing to part with.

 

There's a good thread here.............

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Regards.

 

Scott.

[4148boome]

Hi maroon,

so it seems the people running my DMP screwed up by allowing the charging order to take place?

i should have started off by saying thanks for the very promt reply !

dave

[suzieblooz]

Same thing happened to me. As a DMP is an informal arrangement, your creditors can still take action against you, even if you are paying your reduced payments on time every month. It wasn't Creation Finance by any chance?

[4148boome]

HEY SUZIE,

 

thanks for that no not creation, Debt Solutions

 

dave

[suzieblooz]

Is Debt Solutions the company your DMP is with, or the company that got the charging order against you?

Only asking cos Creation Finance is quite bad for going for charging orders even though you're on a DMP.

My DMP is through Payplan, they don't charge any fees.

[supasnooper]

Unfortunately Debt Solutions may say they can provide free and impartial Debt Advice but they have landed you with a CCJ and a Charging Order........not very good of them really.....in fact, it's shocking.

I would advise that you contact Debt Solution and ask for all the Court Paperwork so you could investigate the possibilty of getting the CCJ and the Charging Order set aside.

After you've got the paperwork from Debt Solutions; leave them immediately !

For a company that charges 15% of your monthly DMP payments they are a disgrace !!!!

You can get a similar service from CCCS or Payplan for free....or you could even do it yourself.

That 15% fee could be better used by yourself.

Finally, I would advise that you have a good look around the site to see what help is available here.

[loobyloo85]

Hi,

I am sorry to hear of your current financial difficulties.

I too am with Payplan DMP, and I am aware that the creditors can take legal action against me at anytime.

However, I am assured by Payplan, that as they do with my letters from creds, that if I were to receive any legal action, they would suspend this and act on my behalf.

I think that a lot of the creditors are happy in receiving the monthly payments, but they want some security so that they know they are definitely going to get the full debt back,

I dont think it is very fair when you have come to an arrangement, that they are supposed to be happy with, however with the dmp being informal and not legally binding, they are within their rights

[4148boome]

hi all that have replied,

 

thanks for all the advice

 

dave

[4148boome]

Hello to all,

My Wife and I are going through a re-mortgage and certain restrictions have been pointed out on the Land Registry Title by our Solicitor.

The removal of 2 have been successful but 1 is outstanding.

The restriction was placed in 2009 and there has been no other communication from the Claimant since.

The original debt was an MBNA card which was then sold on to Arrow Global who made the restriction.

Since that time I entered into an IVA, which picked up this debt and on completion of the IVA this old debt was taken into account (May 2014)

We have been 3 months communicating with Drydensfairfax who represent Arrow Global, and cannot get any acknowledgement of the proof we have sent them that the debt was dealt with.

We have been given an extension for the re mortgage and are being told that there will be no other, we are stressing that we are going to lose our offer, as Dydens are insisting the debt is secure and still stands.

We are saying that when you give us proof that a 'Final Charging Order' exists we will accept. Our proof from the IVA administers is that it was entered into the iVA and dealt with on completion.

Our Solicitor is at wits end and losing faith, as we have sent over 20 e-mails requesting that the restriction is lifted, Our new prospective lender is saying that the re mortgage cannot go ahead until this is implemented.

My question here is, when communication is this bad with Drydens is there another way.

Looking forward to any comments or further questions regarding all of the above

Regards

Dave 

[dx100uk]

is it a sole debt on a jointly owned property?

shouldn't need removing its a useless restriction k?

[4148boome]

Hi dx100

Yes that is correct, a sole debt on a jointly owned property

Please explain 

D

[dx100uk]

so whats your EXACT restriction wording?

as for drydens ... 

On 07/12/2009 at 08:43, supasnooper said:

I would advise that you contact Debt Solution and ask for all the Court Paperwork so you could investigate the possibilty of getting the CCJ and the Charging Order set aside.

After you've got the paperwork from Debt Solutions; leave them immediately !

did you ? if not you should have..

the IVA was a waste of time and only scammed you into paying on consumer debts you probably didnt need too.

have you got proof your IVA provider contacted and got agreement from arrows/drydens agreeing to being inc in the IVA?

[4148boome]

Hi dx100 uk

At the settlement hearing Arrow were invited re their restriction, and did not reply thus they were excluded. This I beleive is normal practice with the IVA system. (we have proof of invitation)

[dx100uk]

Answer my other Q'S please and type out the wording of the entry 

Sorry but if they did not agree  or there is no acceptance letter from them to the iva...this will need paying if you are remortgaging with a new lender 

 

[4148boome]

Hi again dx100uk

Please see below the wording of the restriction:

20.10.2009 RESTRICTION :No disposition of the registered estate, other than a deisposition by the proprietor of any registered charge registered befor the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Arrow Global LLC (territory of incorporation) at 12061 Bluemont Way Reston, VA (Virginia) 20190 USA and of 15 Old Baily, London EC4M 7EF, being the person with the benefit of an interim charging order on the beeficial interest of DxxxxxxPxxxxx made by the Bradford County Court on 7 August 2009 (Court Referrence: 7XT82667

I am told this is not a 'Charge' to the Title

regards  D.

[dx100uk]

That's a restriction k.

So as I explained 

Dx

[4148boome]

Hi dx100uk,

If this is a restriction k  then how do I persude the prospective lender not to worry about having it wiped

regards

D

[dx100uk]

you cant, if you are re mortgaging with a new lender then you'll have to pay it .

its only if you are selling or re mortgaging with the same lender that it can be ignored.

its not a full charging order ........no.