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Interim Charging order for unknown 'joint' debt. Lightfoots for TFS Loans

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Hi all,

my daughter has received an Interim Charging Order for a £2700 debt incurred by her sister, jointly named on the paperwork.

 

She has no knowledge of this, and also, Lightfoots appear to have obtained this order by using Land Registry search and she has received absolutely no other communication.

 

She has no CCJ's showing on her credit report,

but we have found other defaulted loans she knows nothing about.

However, TFS isn't one of them.

 

She is paying her mortage on a house with negative equity,

having been left in the lurch by her former partner,

so the mortage is still in joint names as far as I am aware.

 

The covering letter gives her 28 days to respond, what should she do please

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Is the sister named in the charging order and is the sister a part owner in the property?

 

It is my understanding that an application for a charging order can only be made if there has been a ccj granted and the payments towards the ccj have been defaulted upon.

Who is the creditor please that is applying for the order?

 

See the following link aswell please

 

https://www.nationaldebtline.org/EW/...csy0wodYuUCF


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Thank you for your responses,

 

I have searched Trust Online and there is a CCJ covering this,

she knows nothing about it.

 

The joint owner on the property is her former partner.

The sister is not named on the charging order, but is named as the first defendant.

She lives in a rented property.

 

The company chasing the debt is TFS Loans via Lightfoots Solicitors.

 

I googled TFS and they appear to offer guarantor loans,

so it is possible the older sister has used her as a guarantor without her knowledge.

 

Getting messy now. :(

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You have a dilemma my friend,

 

 

on the one hand, you have a daughter with a charging order looming over her, which you obviously want to help her with.

 

But on the other hand, to do so, will mean reporting her sister (your other daughter im presuming) for fraud.

 

You need to gather as much information as possible,

get a copy of the ccj from the courts for starters.

 

 

Also get a CCA request sent to TFS gor the original agreement.

 

Your daughter can apply to have the ccj set aside on the grounds of the debt being subject to a fraudulent application by her older sister.

 

 

There is a £255 fee for this but if shes on a low income or benefits, may qualify for fee remission, it is unlikely that the fee can be claimed back for a set aside. See forms N244 and ex160/ex160a

 

Give me a little time and i will find out what can be done re the Charging order application

 

Would it be possible for you to remove any identifying info from the order, scan it and post it to thread please as a pdf doc?

 

For now can you also look at sections 73:10 and 73:10a in the following link

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73#73.10B


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Certainly I will, have only seen pictures so far, but will get hold of them tomorrow and post them, thank you.

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Well you have as you say 28 days to lodge an objection, i am assuming here that its 28 days from the date of the interim order and that date being day 1 of the count


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From what I can see on the pics, yes. The order arrived this morning.

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You ha ve plenty to be getting on with now, there's ample time for this to be sorted, but we must get it right


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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they would only be able to get a restriction, not a charging order.

 

 

CCA request is a must

and p'haps a CPR?


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Have you spoken to your other daughter about this ?


We could do with some help from you.

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We have not spoken at all for 3 years. ;(

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they would only be able to get a restriction, not a charging order.

 

 

It absolutely is a Charging Order.

 

However, it can only be registered as a "Restriction" and not an "Equitable Charge" as the CO is only in the name of one of the property owners.

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So what does a form K restriction actually mean i hear you say?

 

Well in a nutshell it means that the restiction will be placed on the property ( should it go uncontended and through to a final charging order)

If the property is then sold at any point, the creditor will be informed of the sale but will not be paid directly from the sale.

So then they will begin chasing you again as they think you will be loaded from the sale


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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