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Debt registration on property.

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My aunt has received a letter from the land registry stating that a solicitors firm has applied for an application to register a restriction against the house. The debt is her husbands from whom she has separated. The house is in joint names and she lives at the property.

 

She has further received a letter from the solicitors enclosing an interim charging order by way of service upon her. The first Order dated 20 September 2012 states that the court ordered that

 

1. The interest of the judgment debtor in the asset described stand charged with payment of £???? Together with any further interest becoming due and the costs of the application.

 

2. The application will be heard on 12 November 2012 when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

 

3. The judgment creditor shall serve the judgement debtor and the co-owner ( in this case my aunt).

 

The second court order dated 15th November 2012 states

 

1. The defendant not having been served the hearing to decide whether a final charging order should be made is adjourned until 7 January 2013.

 

2. The interim charging order do continue to the above hearing. ( please someone what does this mean)

 

Please advise on how my aunt as the co owner of the property and to whom the debt does not belong to approach this to protect her interest in the property.

 

Not come across this before so don't know how to approach this.

 

Thanks in advance.

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Can anyone please offer some advise.

 

Thank you.

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My aunt has received a letter from the land registry stating that a solicitors firm has applied for an application to register a restriction against the house. The debt is her husbands from whom she has separated. The house is in joint names and she lives at the property.

 

She has further received a letter from the solicitors enclosing an interim charging order by way of service upon her. The first Order dated 20 September 2012 states that the court ordered that

 

1. The interest of the judgment debtor in the asset described stand charged with payment of £???? Together with any further interest becoming due and the costs of the application.

 

2. The application will be heard on 12 November 2012 when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

 

3. The judgment creditor shall serve the judgement debtor and the co-owner ( in this case my aunt).

 

The second court order dated 15th November 2012 states

 

1. The defendant not having been served the hearing to decide whether a final charging order should be made is adjourned until 7 January 2013.

 

2. The interim charging order do continue to the above hearing. ( please someone what does this mean)

 

Please advise on how my aunt as the co owner of the property and to whom the debt does not belong to approach this to protect her interest in the property.

 

Not come across this before so don't know how to approach this.

 

Thanks in advance.

 

date above (hearing\) should be 12 December 2012????????

 

re-read adjured to January 7th good that gives the lads on here a bit more time to assist you,I have alerted Mods to your situation.


:mad2::-x:jaw::sad:

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My aunt has received a letter from the land registry stating that a solicitors firm has applied for an application to register a restriction against the house. The debt is her husbands from whom she has separated. The house is in joint names and she lives at the property.

 

She has further received a letter from the solicitors enclosing an interim charging order by way of service upon her. The first Order dated 20 September 2012 states that the court ordered that

 

1. The interest of the judgment debtor in the asset described stand charged with payment of £???? Together with any further interest becoming due and the costs of the application.

 

2. The application will be heard on 12 November 2012 when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.

 

3. The judgment creditor shall serve the judgement debtor and the co-owner ( in this case my aunt).

 

The second court order dated 15th November 2012 states

 

1. The defendant not having been served the hearing to decide whether a final charging order should be made is adjourned until 7 January 2013.

 

2. The interim charging order do continue to the above hearing. ( please someone what does this mean)

 

Please advise on how my aunt as the co owner of the property and to whom the debt does not belong to approach this to protect her interest in the property.

 

Not come across this before so don't know how to approach this.

 

Thanks in advance.

 

 

 

 

 

The short answer is that there is very little your Aunt can do to stop it.

 

The Restriction will only be against her husband's benificial interest and not your Aunt's share.

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Unless he has relinquished any interest as per any separation order.


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"Please advise on how my aunt as the co owner of the property and to whom the debt does not belong to approach this to protect her interest in the property."

First steps is to find out who the creditor is... how much the debt is...what is the amount of interest that they are speaking of... and what the overall likely debt is going to be in the event that she does not sell for say 5 year, 10 years and so on.....She needs to keep copies of the letters she sends and note any calls made and to who and when she makes them - this will help show the judge, she had to investigate the debt as proof that she was unaware of it....

 

To defend her interests, She will need to prove that the debt is not in joint names. She will have to prove she had no knowledge of the debt. She will need to show that when they were together all debts were jointly taken out and that this one is without a shadow of a doubt one that was of his own making, liability and responsibility....

 

so...., a copy of the credit agreement with just his name on will help - to prove it is him alone that signed for it without her knowledge

 

against this she needs to evidence copies of other debts, i.e water bill, council tax, telephone bills, credit cards, other credit agreements in joint names will help - to prove that all other bills and debts were jointly agreed, to help her show that all other financial affairs and decisions were jointly made to evince that prior to the separation there was no time when financial decisions were not jointly made.

 

(if he took out the credit after they separated - then, this will be even better for her)

 

She does not have much time, hopefully, she will have some if not the majority of information that she needs to hand... but if not, she needs to get cracking...

 

She must attend the hearing on the 7th - if she can overturn the interim charge order - then the main charge will not happen.

 

Best of luck

 

Apple : )


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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All valid points applecart but if such an order exists as per my post #5 then really all that is irrelevant.

 

Regards

 

Andy


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Totally Agree with you Andy;

 

Hopefully, our independent posts will deal with the issue whatever the underlying circumstance : )

 

Apple


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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