HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

[marmaris30]

These debt purchase companies, one of which claims to have been assigned the debt which is the subject of the Charging Order, can be a bit slow on the uptake.

However, their failure to update the Land Registry has no legal effect on the Order itself, even though it would be normal to request the Court to vary the judgement in favour of the new assignee, and then update the LR. If the previous assignee was paid accidentally then they would be obliged to pass the money to the new assignee.

It isn't quite correct to say that a CO cannot be made on jointly-owned property. It can, but it's unusual to request one because obtaining a Sale Order would be virtually impossible (the other joint owner has a right not to be disturbed).

If you jointly sell the property in the future then the CO will have to be satisfied from the OP's share of equity in the house, with the joint owner remaining unaffected. However, if the OP's equity is insufficient then the beneficiary of the CO could theoretically block the sale, so their permission should be sought beforehand.

If the debt is repaid before any sale then the CO should be removed and the LR record updated to its previous, unrestricted state.