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madasamuppet

charge on property in dads name he now dead do we have to remove

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my dad got into debt and

 

 

subsequently had a charge placed on the house after a credit card debt was taken to court.

 

 

he died last year and now my mum looking to sell.

 

 

do we have to remove the charge or will this automatically be gone

and nothing owing when my mum comes to sell.

 

 

she hasn;t notified the credit card company that he died last year.

 

 

any help appreciated thank yu

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Sorry for your loss.

 

Will try and find someone to help - was the credit card debt only in your Father's name and was the CO just a restriction ?


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debt was just in his name and not sure about if restriction, this was placed a few years ago and nothing has happened with the CO since

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you say Scotland

was the debt taken out whilst he was resident in Scotland?

then it would be a schedule of inhibition?

 

 

dx


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are you sure land registry says this is a charging order?


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how would i find that out,

 

https://www.ros.gov.uk/services/registration/land-register

 

As you are in Scotland, I think you will need to check out the link above. If you click on their "Contact us" button, they may have an email address or telephone number you can contact for advice. Check out their FAQ section first to see if you can find the answer there.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Inhibitions do have limitations: They cannot be applied where prior missives have been concluded or where property is being sold under Power of Sale (following repossession by a mortgage).

 

A Sheriff can limit them if a decree has already been granted e.g. transfer of property to someone else. (Where an inhibition is limited it only applies to the property specified in the action, or by the Sheriff.)

 

It is valid for 5 years from the date it is registered in the Register of Inhibitions and Adjudications. It isn’t valid after the outstanding amount is paid in full, the 5 year period expires or on the death of the debtor.

However a pursuer can seek to renew the inhibition. The expenses of the inhibition, including those expenses relating to the discharge of the inhibition also require to be paid by the defender.


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