Debt finally paid -- how do I get Charging Order removed

[jimbo45]

Hi all

I finally made a final payment on an outstanding debt which had a charging order attached to it.

 

What do I do now to get the charging order removed.

 

BTW there's a well known firm of solicitors based in Warrington, near Manchester who are NOTORIOUS in many ways but one in particular has been irking me for about 3 - 4 years that I've been paying this debt off --It's been IMPOSSIBLE to get an accurate statement of account -- all they ever send out is xxxx received on ddmmyy never a balance of account.

 

So A complaint to the Law soceity (or regulatory body) is in order here too I suppose.

 

If you have to deal with this firm --bewxare they are like slippery POISONOUS SNAKES.

 

Cheers

jimbo

[Seminole]

IIRC correctly you need to get a solicitor to do this. Usually it would be dealt with by the solicitor who acted for the claimant and they would also charge you for doing so. This happened to me a few years ago and it cost about £200 which was complete extortion but cheaper than getting another solicitor to do it as the original solicitor would still have been involved and charged something.

 

There's a thread on the MSE forum about what happens if the property is jointly owned but the debt is in a single name. Apparantly, although the court grants a "charging order" it's actually something rather difference. In these circumstances the requirement is to notify the creditor that a sale is taking place. There isn't a requirement to pay any monies. If this applies in your case, you probably don't need to do anything as it won't have any effect on your ability to sell the property. However, I would do something about it if you plan to remortgage.

 

As I said, I read this elsewhere and I'm not sure how correct it is but if you do own the property with someone else, it's worth checking out.

[sillygirl1]

Surely contacting the court and getting a Certificate of Satisfaction is sufficient now.... much the simplest way and avoids solicitors who could cause you more aggro.

[Seminole]

Surely contacting the court and getting a Certificate of Satisfaction is sufficient now.... much the simplest way and avoids solicitors who could cause you more aggro.

 

Unfortunately it doesn't work like that if you want to get a proper charging order removed. A CO is like a mortgage and obtaining a cert of satisfaction doesn't get rid of it. In practice it's only an issue if you want to remortgage or sell the property but it can slow down both of those processes even if the original CCJ has been paid off.

[sillygirl1]

At least the Certificate of Satisfaction will show that the CCJ has been paid off entirely should anyone else come sniffing round...

[jimbo45]

Hi all

So if I understand this correctly --the original Solicitors (that well known bunch of SHYSTERS in Warrington) who are NOTORIOUS for adding totally EXHORBITANT "Collection Fees" can charge me YET AGAIN AFTER I'VE PAID OFF THE DEBT.

 

This whichever way you cut it surely can't be right --after all if I've PAID the money why should I PAY YET AGAIN for something which should really happen automatically.

 

If there's NO MONEY OWING how can a charging order still remain on a property.

 

It seems as per usual once you get into difficulties you when you can least afford it you are screwed every which way by the system whilst the Banks etc get away with everything and even now people like Goldman Sachs are pocketing HUGE "Bonuses" yet again.

 

Welcome to UK PLC 2010 -- what a totally disgusting and EVIL mess.

 

Cheers

jimbo

[unclebulgaria67]

You can probably do some of the leg work yourself.

 

Have a read of the following link.

 

Debt Factsheets - Charging orders in the county court