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Charging order query


HP Mum
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Quick query - can someone get a charging order on a repossessed property?  

 

If yes, what happens to the CO claim if

a) property gets sold and there is zero equity left after 1st charge cleared?

or

b) if a different  bank/company buys the debt off the mortgagee-in-possession - what happens to the other 2nd charge charging order?

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no it doesn't exist after repo.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No - it is someone - not a company/bank - to whom owed £s.

Bank repo'd property.  Now can't repay someone. They are unaware of the repo and gone for an ico.   

 

Edited by HP Mum
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A property must be owned by you to get a co on it.

be that by a voluntary charge you agree to

or

as the result of as existing ccj and they goto court to get an ico.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they got a ccj.  Never responded as couldn't repay. 

The 1st charge won't be repaid in full.

So what to do with 2nd charge ico?

 

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They cant get a co on a property that you do not own

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Does anyone know anything about CPR 73.7 (2) ?

General form of jdgment or order states that - unless creditor complies with 73.7 (2) by filing statement of amount due inc costs & interest by x date then

1. the ICO will be discharged

2. the application for a CO shall stand struck out

3. the jdgment creditor must apply forthwith for any entry on the register at Land Reg relating to ICO to be removed

It also states that as there was no hearing the parties have a right to request decision be reconsidered by district judge.  Must send/ deliver the application within 14 days of service of this letter.   Must include a summary of the issue and explanation as to why the reconsideration is sought.  Any reconsideration will be without a hearing.

 

Does this mean the attempt to get a charging order has failed?

 

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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73#73.7

 

(2) Where paragraph (1) applies, the judgment creditor must file a certificate of service in relation to each person served together with a statement of the amount due under the judgement or order including any costs and interest, within 28 days of the date of the interim charging order.

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I've read and re-read and still not sure I understand!! 

Does it mean if no proof of service with the £s statement within 28 days of the ico that the claim for co is struck out?

No service done

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Yes what it states on the tin.....

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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