Interim Charing Order Remortgage?

[HelenDog]

Hi All,

 

I have dipped in and out of this forum over the years and have nearly always found the information I require without posting.

Either clearing or wiped a lot of my debt thanks to the very knowledgeable people who contribute.

Thank you.

 

I am now in a position to remortgage and discovered x2 restrictions on the land registry.

These are for old CCJs that I have not settled.

 

One I pay 6.83 a month and never miss a payment.

The other one, Northern Rock I knew nothing about and have never paid anything!

 

After scanning the forum and checking the wording I understand these restrictions are for these vultures to be notified and not full charging orders due to being a jointly owned home and debt in my sole name.

 

1. RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to (name) being the person with the benefit of an interim charging order on the beneficial interest of (name)made by the Gateshead County Court on....

 

I am keen to not pay these, but would like to know what would happen:

 

- Can creditors start chasing again once they are notified? if so what can they do?

- Are they removed once notification has been given? 

- Can conveyancer or mortgage company insist they paid?

 

 Thank you in advance for helping me to regain control on my finances.

 

 

[BankFodder]

CC J's cannot be acted upon if they have not been followed up within six years - unless a special application is made to the court.

If they are older than six years – then in respect of the Northern Rock one, they would need to apply to the court to enforce it.

In respect of the one against which you have been paying instalments, that is still live

[HelenDog]

That you for your response.

 

Well Northern Rock is dated 2008 so can I apply to have  have the restriction removed? 

 

Can Reston's go back to court and apply for Full and final settlement or can I continue to pay monthly and they won't be able to amend amount?  

[dx100uk]

as you are remortgaging, even though these are only restriction K's, (joint property, not joint debts) they will still sadly have to be paid as far as i remember things with a restriction k.?

 

the bonus is you'll not long have to pay restons as paying the charges will also settle the CCJ's.

[AndyOrch]

Topic moved to General Legal Issues Forum.

 

Quote

Well Northern Rock is dated 2008 so can I apply to have  have the restriction removed?  No 

 

Can Reston's go back to court and apply for Full and final settlement or can I continue to pay monthly and they won't be able to amend amount?  Apply for a re determination I think you mean ...possible but doubt they would...just continue to make your set payment

 

If you re mortgage with the same company as your existing mortgage...the restrictions should be irrelevant.

 

Andy

[BazzaS]

5 hours ago, BankFodder said:

CC J's cannot be acted upon if they have not been followed up within six years - unless a special application is made to the court.

If they are older than six years – then in respect of the Northern Rock one, they would need to apply to the court to enforce it.

In respect of the one against which you have been paying instalments, that is still live

 

If the court has granted a charging order, then no permission to enforce is required.

 

Disadvantage to the judgement creditor is they have to wait for their money.

 

advantage (to the judgment creditor) is that (absent a crafty solicitor for the vendor) it puts off many purchasers solicitors, so when the property is to be sold the seller ends up settling or giving an undertaking to pay, and at that stage no court permission / involvement is needed.
 

it is nothing to do with “permission to enforce, after 6 years”

[BazzaS]

1 hour ago, Andyorch said:

 

 

 

If you re mortgage with the same company as your existing mortgage...the restrictions should be irrelevant.

 

Andy

Absolutely, if the existing mortgage predates the charging order.

 

”RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without .....”

 

If remortgage by same mortgage company whose mortgage predates the charge then is “by the proprietor of any registered charge registered before the entry of this restriction”. Worth checking with the mortgage company though : they might take a risk-averse approach!!

[HelenDog]

Some interesting points thank you.

 

Remortgage with same lender - dont pay restrictions

 

Remortgage, but raise equity with same lender ?? Would I need to pay restrictions ?? 

 

If I swap lender -  I must pay restrictions?

Little confused by crafty solicitor comment ??  I take it there is a way, but people are reluctant to do it??
 

 

To be clear I have paid thousands £££ back and now find myself in a really good place, but Restons were the only company to play hard like this and quite frankly I would like nothing more than to  not pay them. 

 

I cannot find any details as to whom the Northern debt is owned by. i guess NRAM. If I made a full and final offer before remortgage  would this be to my benefit or can they still chase for CCJ amount?

 

 

[dx100uk]

the offers should be linked to removal the restrictions as well.

 

why did you not come here for help on these CCJ's that resulted in the CO's??

[HelenDog]

Dx100uk I only found this forum serval years after the CCJ. You have help me on previous occasions with sound advise and Im sure I could of fought them at the time. knowledge is power etc...

 

Many thanks for all the replies. 

 

I will see if I can offer a full and final settlement. Unsure if they will go for it? 

[dx100uk]

details on the debts might be useful .

what was the restons debt and you never contested the CCJ nor the CO?

 

as for NRAM, is this the unsecured loan from when you had a 100% mortgage with them?

they used to give 99% mortgages out with on the back of crisp packets even if you couldn't afford them , and used the unsecured loan under the CCA to make up the shortfall to 100%

[HelenDog]

Morning,

 

I have checked through all my old paperwork. I appear to have paid/cleared the Northern Rock Debt in full serval years ago. It was a CCJ, but I have no paperwork, correspondence or knowledge  an inter charging order was ever applied for?.

 

The debt, unsecured (yeah, right !) loan £3800 was assigned to NRAM. The CCJ & charging order were raised by Waller Solicitors. This was then passed to Mortimer & Clark. How do I get this charge removed as It seems Waller Solicitors do not exist anymore.

 

dx100uk I have never had a Northern Rock Mortgage.

The Reston's debt was a HSBC CC

[dx100uk]

who name is against the nram restriction k on your deeds nram?

[HelenDog]

Hi,

 

On the Interim charge is lists Northern Rock Plc c/o Wallers Solicitors 

 

[dx100uk]

Who do you think you paid it off too?

[HelenDog]

I paid Mortimer & Clark

[dx100uk]

urm..how did they get involved from NRAM and wallers, did nram sell the debt to cabot then?

 

[HelenDog]

Im working with limited paper work, but yes it looks like the debt was sold onto Mortimer & Clarke. Quick Google it seems they purchased a lot of old NRAM loans around the same time. Strange with a CCJ assigned, maybe it was missed. 

 

What do you think would be best course of action:

 

- Contact NRAM? Chase up and try and get resolved?

- Contact Mortimer & Clarke? I imagine they are a typical DMA!!!

- Leave for Conveyancer and see what happens. 

 

I will attempt to offer settlement to Reston's as see what's happens. Im doubtful of success.

 

[dx100uk]

mortimer are solicitors

solicitors dont buy debts.

 

dx

[HelenDog]

mmm so it must of been passed to someone in between. Sorry I just don't have anymore paperwork. 

 

Should I contact the Court and see if the CCJ was ever marked settled or chase up with Mortimer & Clarke? 

 

 

 

[dx100uk]

for mortimer to get paid it must have been sold to Cabot.

 

[HelenDog]

I really don't want to start calling them !

 

[dx100uk]

where have we said too?

 

dx