Situation with house sale...Unknown CCJ and Charging Order

[Bigjim24]

Sorry I posted this but it’s disappeared ( not good with internet)

 

We are in the middle of selling our house and checks have come back with a charge on it.

We don’t know anything about it.

Sale solicitor can’t help as not his expertise and can’t afford another solicitor.

 

Rang the land register and they have confirmed, they said they notified us but the date was approx 6 months after we purchased the house and we presumed it was to do with the shared equity portion owned by the HA.

My wife then rang the court where the order was made.

 

They gave us the name of the law firm who put the charge on and we rang them and they don’t know anything.

This is where it gets very confusing.

They have no records at all and took our details and said they will get the bank in question to call us.

This has never happened.

 

The bank will not give us any information as we cannot give them the name of a person, a department or any information as we have never had any dealings with them

 

Sale solicitor recommendation apply to the court for the order and charge to be set aside

 

We have done this and I have sent copies of the paperwork to the law firm and the head office of the bank.

The hearing is next week.

The bank and the law firm have still not contacted us.

 

I am new to this and I have a few questions

 

1) what happens at the hearing

 

2) what happens if the court agree to remove the charge.

 

3) what happens if the court don’t remove the charge

 

This order had never shown up in either mine or my wife’s credit files

 

Sorry again if a bit long winded.

[unclebulgaria67]

Surely Land Registry can provide more information to pinpoint exactly what this charge relates to.

 

If you have the exact info, can you advise what the charge says exactly.

 

Was this a brand new house and you were the first occupants or were their previous owners ? If so, have you ever had post regarding debts owed by someone else ?

 

When you applied to remove the charge, what did you state exactly ?

[Bigjim24]

Thank you for your response

 

Land registry states the following:

 

Equitable charge created by an interim charging order of the xxx county court dated xxxx in favour of xxxx bank ( court ref xxx)

 

It is a new build bought of plans so no prior owners.

 

When we applied we went into the court and a lady helped us.

We stated that we have no knowledge of what this relates to.

 

The name of the person at the law firm and their details confirming that they cannot provide any information.

Outlined the farce with trying to get the bank in question to speak with us.

We were also out of the country at the time of the hearing due to mother in laws failing health and subsequent death at that time

[AndyOrch]

How long have you owned the house ?

 

The charge will be in connection to a County Court Judgment..have you checked the CCJ Trust Register ?

 

https://www.trustonline.org.uk/understand-judgments-fines/entries-on-the-england-and-wales-register/ccjs-and-the-register

 

Andy

[Bigjim24]

Nearly 6 years and just checked both myself and wife on that trust online and it’s not showing up there either. My wife has a judgment showing up correctly and that is showing as satisfied

[AndyOrch]

Nearly 6 years and just checked both myself and wife on that trust online and it’s not showing up there either. My wife has a judgment showing up correctly and that is showing as satisfied

 

And her judgment is not connected to " The Bank " registered on the LR ?

 

Equitable charge created by an interim charging order of the xxx county court dated xxxx in favour of xxxx bank ( court ref xxx)

 

Which county Court ?

 

Ring them using the reference and ask for a copy of the N1 (claim form ) or Notice of Judgment (see if its in your name )

[Bigjim24]

We have rang the court and it is in joint name. They have confirmed. We did that before applying to have it set aside.

 

The judgment in my wife’s name was a disputed amount of 500 and was settled immediately

 

As you can imagine it is extremely stressful and the worst thing is not knowing What it is about.

If we knew it would be easier as we could provide evidence as to why it’s not us.

 

At this moment I believe it is

A) mistaken identity as our names are very common as popular as John smith / Jones

 

B) identity theft from one of the rentals we lived in prior

[Bigjim24]

I have phoned and requested copies of the claim form. They are getting it out of archive

[AndyOrch]

I have phoned and requested copies of the claim form. They are getting it out of archive

 

Excellent ...this will help with your set a side...I would also advocate printing a copy off the trust register and a copy of both your credit files.

If the judgment/charge has been placed in error then it should be quite straight forward...

 

" The judgment in my wife’s name was a disputed amount of 500 and was settled immediately "

 

I assume by settled you did not receive the relevant claim form and just paid the debt manually ?

[Bigjim24]

My wife’s judgment is definitely not the charge on the house and was paid after the hearing

[AndyOrch]

Ah okay completely separate matter.....

 

Well the hearing should last no longer than 30 mins.....the claimant will be expected to attend.....both parties present their evidence and the judge should set a side...assuming it was incorrectly placed and ...

 

A) mistaken identity as our names are very common as popular as John smith / Jones

 

B) identity theft from one of the rentals we lived in prior

 

And not from when you previously resided elsewhere....dont forget to ask for your costs in making the set a side application.

 

 

Regards

 

Andy

[Bigjim24]

We didn’t ask for costs when we filed. Is it to late to ask for them on the day.

 

I though by now that we would have had some paperwork through from the bank or their solicitor and we have not got anything. It is all very strange

[AndyOrch]

Ask at the hearing

[Bigjim24]

Thank you

[Bigjim24]

Didn’t go my way ,

they produced paperwork at the last minute arrived by post yesterday and it’s an extremely old loan from abroad that had been sorted with that bank back in 09.

 

The bank who got the judgment is a sister bank under the same group and the amount has doubled.

 

Of course paperwork is all gone.

They got the judgment and charge here while we were in the county where we had the loan and they were literally going through the courts here while we were there in the actual bank sorting it out there

 

Paperwork states charging order has been placed as a restriction.

 

Where do we go from here.

[AndyOrch]

Nowhere unfortunately...the charge will just sit there as security to the judgment...next step is to get a payment arrangement in place...you dont want them going for an order for sale.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?480126-HBOS-Reading-Fraud-victim-They-have-CCJ-CO-now-order-for-sale.../page2

[Bigjim24]

We have to be able to prove it was sorted out. Is they any way of getting the paperwork from the original bank

[Guest]

Is they any way of getting the paperwork from the original bank

have you done a dsar?

[Bigjim24]

No as I’m trying to establish who do it send it too. I’m tearing my hair out at the moment.

[dx100uk]

the bank

 

dx

[dx100uk]

you say you were given paperwork at the last minute

and this was a UK CCJ for a debt from another country?

that's very rare.

 

can you scan up the paperwork to ONE multipage PDF please

read UPLOAD.

 

and just to check, the restriction is in both names as it was a joint loan?

[dx100uk]

and?