Final Settlement accepted - How do I get Charging Order removed

[jimbo45]

Hi all

I managed to get - with the help of this Forum- a decent Final settlement accepted which has now been almost paid off (AT LAST -- NEVER AGAIN CREDIT CARDS etc etc etc.).

 

I've got one payment left to make - I've plenty of time before it's required but I want to know what do I do now to get the Charging Order removed -- is it something I have to do or the Creditor receiving the debt.

 

If it's the creditor can I subtract the cost from my final instalment.

 

I'm anxious to get rid of this charging order ASAP. I don't care tiddleywinks about Credit Reference, Experian etc etc as I don't even want to THINK about credit EVER again - but I most certainly DO want the charging Order removed.

 

 

What do I do next -- any advice greatfully received.

 

Cheers

jimbo

 

 

 

 

What do

[debt4get]

its the creditor that has to remove it..when you have paid they have to write to the court and tell them that the debt is now satisfied.. then the charging order is removed..dont understand the part about the costs? also did you get it in writing that this will be full and final settlement etc etc?

[palomino]

The applicant for the charging order (in this case the creditor) should supply you with a certificate which you can then forward to the Land Registry.

In some cases the creditor will send this to the Land Registry themselves but this is uncommon so you should formally request it from creditor.

 

I would contact the Land Registry to get the finer detail.

http://www.landregistry.gov.uk

 

You should also obtain a copy of the Land Registry entry for your property - it only costs a few quid - which will have details of the charging order and what is required before the property can be disposed of.

[debt4get]

actually that leaves myself with an interesting question..had a co on my property..debt was paid and satisfied but have never recieved anything with regard to co... if it hasnt been removed and we are now going back 4/5 years what recourse have i? if any

[palomino]

Do you need any? You obviously haven't tried to sell your property in that period otherwise you would have discovered a problem.

 

At this point write to the creditor requesting a certificate of satisfaction in order to have the charging order released.

Perhaps it's worth obtaining the LR entry for your property to see if the CO has been satisfied automatically (pigs might fly).

[jimbo45]

its the creditor that has to remove it..when you have paid they have to write to the court and tell them that the debt is now satisfied.. then the charging order is removed..dont understand the part about the costs? also did you get it in writing that this will be full and final settlement etc etc?

 

Hi there

 

yes full letter from Sols saying OC has accepted amount as a Full and Final settlement -- wouldn't have offered otherwise.

 

I offered around about 65% of the original debt -- I actually don't have problems paying off something -- after all I DID borrow the money -- it's not our fault if the Economy goes bonkers and payments get difficult / or even impossible for a time.

 

What DOES get me is the totally UNREASONABLE attitude of DCA's and the whole stinking debt collection industry in general --especially when HORRENDOUS charges --in some cases these are significant proprortion of the actual original debt - and I've even seen some where charges are MORE than the debt outstanding - are levied against those least likely to be able to afford them.

 

Incidentally I'm publicising the whole Charging order possibility as widely as I can --there are many many people who don't realize that it is possible to get Charging orders on your property for what people thought were UNSECURED DEBTS.

 

To me this whole exercise is a DISGRACE -- had this possibility been mentioned on the original CCA I would not have touched the credit card with a bargepole inthe first place.

 

Anyway NEVER EVER EVER again.

 

Lesson learned the hard way

 

-- CREDIT CARD USERS PLEASE NOTE THAT YOUR PROPERTY CAN ALSO BE AT RISK IF YOU DEFAULT ON CREDIT CARD PAYMENTS --Ok it's not a quick process but people should be aware that property CAN be at risk when signing up for a Credit card even though "This is NOT said on the tin".

 

Cheers

jimbo

[debt4get]

Do you need any? You obviously haven't tried to sell your property in that period otherwise you would have discovered a problem.

 

).

 

no, havent tried to sell, was actually a bit more concerned because of my health.. if anything happened and house was then sold my oh could find herself paying this bloody debt again if co hadnt been removed

[palomino]

Right, raise the matter with the creditor now so you have plenty of time to resolve any issues.

In the first instance I would write simply asking for any assurance that, when the last payment is made, they will issue the appropriate certificate to enable the charrging order to be released.