Charging Order

[loneranger21]

Can a company who placed a charging order on our property stop me from selling please?

[fkofilee]

Have you checked the land registry to see what kind of charging order they have put on it?

When you say "Our Property?"

[loneranger21]

I own a joint property with husband.

We were under a DMC who made payments.

These were all made on time at the amount agreed by the companies.

 

The C/O was for an alleged credit card debt in my husbands name.

The Credit card company got Eversheds to deal then first revenue ,

back to Eversheds and a couple more.

 

The reference numbers were all different and to be honest it was a right mess.

My husband received court papers stating he hadn't paid.

 

We contacted the DMC who said sign the court paper forward to them they would fill in and do the necessary as they knew we had paid.

He signed the papers and ticked box to say we would be defending it.

 

they got a CCJ 14 days later a charging order.

We sacked the DMC company.

 

The charging order was for an incorrect amount and later amended.

I wrote to all creditors and dealt with it ourselves.

 

As a joint owner the company sent me a copy of the charge and said in the letter it was not to sell the house

however week later later received stating they could make us sell etc.

 

This all happened 9 years ago.

They have given so many reference numbers and mixed so much up.

 

Our son wants to buy the house and hence my question

 

can they stop the sale if they wont lift the charge which shouldn't have gone on in the first place.

 

We were told we could take this back to court if we ever wanted to sell.

 

Hope that makes sense

[fkofilee]

Need to go and find out what type of restriction the charging order is -

If its a joint house and it is against one of you then it is a very different situation than if you are both responsible for the debt.

[loneranger21]

To be honest it is so confusing

There was an interim changing order and an application for a charging order also a final charging order. But one had to be taken off as they doubled the amout of the charging order. They have different reference numbers on the same case.

So I can see paperwork for all three.

Would I be able to take back to court as they are unable to provide any agreement so I don't know how the court awarded this, But it was 2009

[dx100uk]

its a restriction K it cant be anything else as its was a debt in his name only and the property was jointly owned or mortgaged.

 

you don't have to tell them anything, only that the property has been sold.

 

go look on land registry site that will tell you

it will also answer your other thread too

 

dx

[loneranger21]

DX100uk Thank you for your help. I read somewhere that was the case have you any idea where I could find this to back me

[sgtbush]

As far as I know "they" cant get a charging order on a jointly owned/mortgage property unless the debt is in both names

 

Edit... Nope I'm mistaken..

Most couples own their home as joint tenants, meaning if one person dies, the property passes straight into the sole ownership of the surviving partner. A charging order changes a joint tenancy into a tenancy in common. This means the share of the property owned by the person who died will form part of their estate and won’t pass automatically to the other person.

[dx100uk]

theres no death.

its a restriction K.

cant be anything else

 

go get a copy of the deeds from the land registry site [costs £3-4. per property search.

make SURE you ONLY use the .gov.uk site!!

[sgtbush]

I'm not saying there is a death.

I've copied the rules on a charging order on a jointly owned property if a debt is in one name.

 

The company holding the charging order cant stop you selling. After all, why would they? They are getting the money owed.

[dx100uk]

its not a charging order its a restriction type k........

 

with a CO legally they must be given their money

with a restriction k you only have to inform them its sold..opps sorry mate you're too late...

[sgtbush]

I fail to read in the op 1st post were it's a res k.

They have paperwork stating its a co

The title states charging order and there was a ccj followed by a charging order paperwork which was sent to the op.

[dx100uk]

they don't know yet..

yes a restriction is still called a CO, but as post 12 it cant prevent sale and doesn't need paying.

logic dictates..going by the info here ...it must be a Restriction k type.

jointly owned property, single owner CCJ...

we'll see

[robcag]

Interesting discussion on Restriction K COs here (long thread).

[dx100uk]

yes remember that from years ago

nice to see you around again..RC.

 

dx

[dx100uk]

hows this going