Jump to content


House sale going thru, but 2 Restriction k's, an AEO and some old debt **SALE COMPLETED NO ISSUES**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 210 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi and thank you in advance for any replies. I have read through some of the forums and seen some of the advice which has been helpful, just wanting to get it straight in my head before proceeding. 
 

several years ago myself and my husband got into a bit of debt due to some bad decisions financially and very low incomes. I ended up with 2 ccjs which have now dropped off our credit file and we are in a much better place financially.

One of the ccjs I am still paying as an AOE direct from my salary, however the original lender has sold the debt several times and I have no idea who owns it, several companies have contacted me and none seem to be aware of this so I have no idea where the money is going, as it is an AOE I can’t stop it. 
 

the other had an arrangement in place but I haven’t paid since 2019 and not heard anything, however company is restons solicitors. 
 

my husband and I are now wanting to move homes, we have found a house and sold ours, however I have since found out I have 2 restriction ks in my name and I am worried that this could prevent our sale going through.

I have instructed a solicitor who said they can help with them but I am worried they will contact restons (the other I’m not as concerned seen as it has been passed on and the original lender has closed) and they will try and stop the house sale. 
 

I know the restriction has no requirement to be paid on sale, I am just worried they could do something to stop it, we only have enough equity for the deposit for our new house so cannot afford to pay them from the proceeds

I’m really worried something will go wrong and we will be stuck in our house (which we aren’t paying off due to one of the bad decisions and a ridiculous mortgage we we signed up to at the age of 21 making us mortgage prisoners) please advise if there is anything we can or need to do? 
 

thank you 

 

the wording of the restrictions are:-

 

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 FGA Capital UK Limited (Co. Regn. Noxxxx) at DWF LLP, 1 Scott Place, 2 Hardman Street, Manchester, M3 3AA (Ref xxxx), being the person with the benefit of an interim charging order on the beneficial interest of xxxx) made by the Doncaster County Court on 28 February 2013 (Court reference xxxx).

 

 

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 HFC Bank Limited (Co.
   4
2013-03-28
 5
2013-04-16

Charges Register
Regn. No. 01117305) at Restons Solicitors Limited of Trinity Chambers, 800 Mandarin Court Centre Park, Warrington, WA1 1GG, being the person with the benefit of an interim charging order on the beneficial interest of Miss xxxx made by the Doncaster County Court on 20 March 2013 (Court reference xxxx).

 

 

 

 

Link to post
Share on other sites

1 hour ago, Worryworm21 said:

One of the ccjs I am still paying as an AOE direct from my salary, however the original lender has sold the debt several times and I have no idea who owns it, several companies have contacted me and none seem to be aware of this so I have no idea where the money is going, as it is an AOE I can’t stop it. 

which CCJ is it for?,

the fiat car finance debt

or

the old HFC debt

 

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... 

Link to post
Share on other sites

  • dx100uk changed the title to House sale going thru, but 2 Restriction k's, an AEO and some old debt

and who is it paid too, should be the claimant fiat not DWF LLP their sols.

and your HR/finance/wages debt should know who they are blindly paying too!! 

and should not have changed who got paid without your nor the courts written consent either. its a legal court order!!

and if it has been sold (which i doubt) the FGA/DWF restriction should have been updated too.

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... 

Link to post
Share on other sites

I have no idea, it was being paid to DWF but they kept contacting me to say they do not deal with the matter anymore, I advised it’s an AOE and I have no control.

I was contacted by Intrum a couple of years ago asking for payment, I directed them to the AOE and haven’t heard anything since. I’ve not heard anything from restons for 4 years 
 

my concern is more about the restrictions I don’t have an issue paying the debt but I am worried about them stopping my house sale, is this a possibility? 

Link to post
Share on other sites

no!! they cant.

dx

 

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... 

Link to post
Share on other sites

Is there anyway I can ensure this?

For example if my solicitor contacts them before the sale can they get a court order to stop it?

I am going to instruct my solicitor to not contact until the last day of possible but if they don’t can something happen?

I’m so worried it’s going to stop the sale and we will be stuck.

We literally only have 5% equity to buy another house so if we pay it off we will be homeless 

Link to post
Share on other sites

just type stop hitting quote everytime....

read what the restrictions actually, legally say carefully.

it's nothing to do with YOUR sols, the restriction k's state that the buyer sols should inform the restrictions owner upon completion of sale... 

in all truth that does not happen as once land registry are informed, the restrictions vanish.

https://www.consumeractiongroup.co.uk/topic/434828-5-ccjsrestriction-ks-been-paying-2-after-order-of-sale-attempts-resolved-none-paid-but-on-going/#comment-5110435

https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/#comment-4912902

 

5 CCJ's+restriction k's - been paying 2 after order of sale attempts . **RESOLVED £52K saved - NONE PAID but on-going** - Financial Legal Issues - Consumer Action Group

 

and you seriously need to get the AOE dealt with.

stop being a DCA cash cow!!

dx

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... 

Link to post
Share on other sites

Apologies, my first time commenting on here. 
 

does it not say the proprietor or their conveyancer, I assumed that was me or my solicitor. Should I instruct my solicitor to do anything? I understand what it says I am just worried they will contact the credit and they will apply for a court or freezing order to halt the sale? 
 

and in relation to the AOE, how would I stop this if it is court ordered? I don’t want to risk affecting my credit as it has took a long time to build up

Link to post
Share on other sites

it cant re infect your credit file

long gone from there.

never to return.

5 hours ago, Worryworm21 said:

does it not say the proprietor or their conveyancer, I assumed that was me or my solicitor.

Should I instruct my solicitor to do anything? nope forget they exist.

I understand what it says I am just worried they will contact the credit and they will apply for a court or freezing order to halt the sale? 

nope cant happen

not sure where you are getting all this BS from... but its most certainly totally that.

dx

 

 

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... 

Link to post
Share on other sites

I have read about a stop order in relation to a charging order and wondered if this is something they could instruct if they have knowledge of our plans to sell? 
 

thanks for your assurance, will look at the AOE also

Link to post
Share on other sites

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... 

Link to post
Share on other sites

My solicitor has got wind of these restrictions and does not feel “comfortable “ proceeding without written instruction from the creditor. 
can anyone recommend a solicitor who can help or advise me what I can do next? 
thank you 

Link to post
Share on other sites

nope.

tough luck for him he needs to do what you tell him.

tell him to read the threads here i posted.

 

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... 

Link to post
Share on other sites

I’ve sent all the information and she’s said nothing she can do. I’ve tried several solicitors and nothing. I have no equity so can’t pay them even if I wanted to? What can I do. Please help i feel like I will be stuck forever 😕

Link to post
Share on other sites

cant refuse you.

you are paying them to do the job.

a restriction k does not need paying

you nor your sols needs to do anything other than put the sale thru..end of.

 

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... 

Link to post
Share on other sites

that cause shes suddenly realised she made people pay them in the past and is now knows she is wrong.

serious litigation by them could follow so she wants to hide it.

is their not a senior partner  you can complaint too?

 most sols dont operate alone

 

dx

 

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... 

Link to post
Share on other sites

I have spoke to my solicitor again, who is insisting she contacts the creditors asap so they have “sufficient” notice of the sale. 

She advised she is “familiar” with these restrictions and her requirements. 
 
If they write back they are obviously going to say they want the money (and there isn’t enough equity to settle the outstanding amounts)
what can I do? 
 
Can we just move forward as they have been contacted as per the requirement or will my solicitor insist they settle the debts?
 
Is it worth me switching solicitors?
 
Please help 
Link to post
Share on other sites

On 03/07/2023 at 08:13, Worryworm21 said:

signed by the applicant for registration or their conveyancer that written notice of the disposition

then you need to pull her up as she is NOT abiding by the wording of the restrictions!!! :frusty::frusty:

there is NOTHING in the wording that say YOU NOR SHE has to do ANYTHING.

its states the APPLICANT or their conveyancer sends written notice of disposition. and they cant be that until THE SALE GOES THROUGH!!

there is nothing anywhere that states a seller or their conveyance has to do anything 

READ THE RUDDY RESTRICTION -the SILLY COW!!

it states it in black and white...now get on with it and carry out my orders!!

dx

 

 

.

 

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... 

Link to post
Share on other sites

Sorry me again! 

I have arranged a solicitor who seems to be more clued up regarding the restrictions.

however, I have since received correspondence from restons to say they note my house is up for sale (how?) and that they have a full charging order against me and won’t remove until they receive full payment.

Now I know this doesn’t matter as such as it’s a restriction but can they take me to court or take any action before the house sale goes through to change the words if the restriction or anything? 
 

apologies I don’t understand how it all works and now I’m worried they know I’m selling 

Link to post
Share on other sites

restons are the worlds worst liars

its not a full charging order - READ THEIR RESTRICTION...and NO cant do anything.

in fact id gladly stick a finger upto them and tell them so if it was me.

horrible horrible solicitors, ex HFC staff. hence why HFC took you to court.

dx

 

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... 

Link to post
Share on other sites

Ok thank you for your reassurance. They are awful and have been clearly searching right move! 
 

I will just not respond then and let my solicitor deal with it after completion. 
 

I will not sleep for the foreseeable 😞
 

 

Link to post
Share on other sites

they cant comeback against you.

restriction k will be dead gone useless .

you'll simply get their willy waving.

which can be 99% ignored.

but thats restons for you.

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...