Interim Charging Order on property HSBC & HFC

[wavygravy]

Hi

 

I've scoured through the previous posts to see if anyone has the same issue as me but didn't find anything thats close to my issue.

 

I'm about to sell my house and have obtained my Title Deeds which have two interim charging orders, one for HSBC (in 2007) which I am aware of the amount and one for HFC (2008) which I have no clue who they are or what the original debt was for.

 

I was made bankrupt in 2010 and added all of my debts to the bankruptcy papers, I believed that this included HSBC and HFC (whoever they were at the time).

 

I have no paper work for either of them or details on my credit history. I was able to get some info about the HSBC one today.

 

I have a letter from the Insolvency Services which states that states

 

"Notice to Bankrupt of Intention to re-vest your Interest in Property

 

I am writing to give you notice that I consider that the continued vesting of the property in your bankruptcy estate to be of no benefit to creditors.

 

One month from the date of this notice, your interest in the property will cease to be a part of the bankruptcy estate and will automatically re-vest in you. I will apply to the Land Registry to have my interests in the property removed from the register"

 

I understood this to mean that my property was not considered part of the bankruptcy.

 

Can anyone advise me on what to do next.

 

Thanks in advanced

[AndyOrch]

Hi wavy

 

What does it say On the Land Registry Search?

 

Regards

 

Andy

[Guest]

yes, need to find out/ensure whether the bankruptcy included the Int CO's.

note (i posted in another thread)

's3 (5) charging order act upon application?

seems though a prior CO (even interim) can survive a bankruptcy, depending on the circs. and not being a 'preference'. eg

https://www.insolvencydirect.bis.gov...7/Part%207.htm

whether this info is uptodate? http://www.largo-law.co.uk/2010/01/c...es-bankruptcy/

[Guest]

ok, seems, provided the interims were included, then maybe they have been discharged upon application?

[wavygravy]

Hi wavy

 

What does it say On the Land Registry Search?

 

Regards

 

Andy

Hi Andy

 

It says (25.06.2006) equitable charge created by an interim charging order of B... County Court dated 11 June 2007 in favour of HSBC Bank plc

 

Note: Copy filed

 

And similar for HTC Bank

[AndyOrch]

https://www.gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders

 

https://www.insolvencydirect.bis.gov.uk/casehelpmanual/F/Family%20Home%20(ISCIS).htm

 

" I understood this to mean that my property was not considered part of the bankruptcy."

 

That would appear to be correct wavy...take a look through the above links which will assist with regards the selling of your property and the effects of any charges/restrictions placed.

 

Regards

 

Andy

[wavygravy]

Hi

 

I've been able to get the details from my OR. Since both the interim charging were made final prior to the BO date the debts have to be paid.

 

Last year I receive a CC order to pay £855 to the county court which turns out to be the same reference as one of these charging orders, (the total charging order is for £1,399). I paid the money. Does that mean that I have paid some of the £1,399 or is that only the court payment.

Confused!

[AndyOrch]

If you have paid the judgment debt in connection to the charging order then that should be removed.

 

Where the judgment debt has been wholly satisfied you should write to the Judgment Creditor advising that:

 

the judgment debt has been satisfied

the charge on the financial product can be removed.

 

Andy

[Ganymede]

Hi

 

I've been able to get the details from my OR. Since both the interim charging were made final prior to the BO date the debts have to be paid.

 

Last year I receive a CC order to pay £855 to the county court which turns out to be the same reference as one of these charging orders, (the total charging order is for £1,399). I paid the money. Does that mean that I have paid some of the £1,399 or is that only the court payment.

Confused!

 

Did you only pay the original CCJ amount though or did you pay the CO amount?

 

The CO amount would have been a few hundred pounds higher with various costs added.

[wavygravy]

Did you only pay the original CCJ amount though or did you pay the CO amount?

 

The CO amount would have been a few hundred pounds higher with various costs added.

 

I paid the CCJ amount £855, the CO was for £1,399. Are they two separate fees then?

 

Thank you

[AndyOrch]

I paid the CCJ amount £855, the CO was for £1,399. Are they two separate fees then?

 

Thank you

 

Should not be a difference...bar any costs..or if the agreement was subject to post judgment interest....but not £550.00 ???

 

Andy

[Ganymede]

I paid the CCJ amount £855, the CO was for £1,399. Are they two separate fees then?

 

Thank you

 

In that case you haven't fully discharged the Charging Order and I doubt very much you'll be able to have it removed from your title deeds until you pay the balance.

 

Before you do though, can you please type up the wording of this particular Court Order concerning the Charging Order?