Charging order

[Charmaine]

Hey..im very new to this so please bare with me.
5 yrs ago I had a very messy divorce.. I was given the house and two debts my ex husband was give two debts, one ov them.debts was a charging order on the house. Just after the divorce he declared himself bankrupt.
now until a month ago I never new he hadnt paid these debts now the company is coming after me.. I have few questions..
1. Can the debt company wait 5 yrs before informing me this debt has not been paid.
2. The debt company say his name has been wiped off the debt and its,solely in my name as he went bankrupt.
3. It was a joint debt he was given to pay and it was a charging order on the house.. but now im.being told by debt company as house is now only in my name and ex went bankrupt the charging order is now in my name only and I have to pay it... is this correct even tho when the order was put on the house it was in both our names and the debt in both our names... im very confused as how this has all been dumped on me now even tho in the divorce it states he is to release me from.any responsibility ov the debt and charging order.. is there anyone that can explain and tell me if this is right..
thank you
charmaine x

[MIKE770]

clarify a few things, 2 debts were they just his or say a loan etc in joint names?


who is the debt company? saying all this?

[Charmaine]

Morning.. the debts were in both names and it was a,company callend link.. I no the unsecured debt is wiped off his name because he went bankrupt but has the charging order been wiped to? I read that if its a charging order a bankruptcy doesnt wipe that.. but link are telling me because now the house has been given to me and his name taken off the mortgage means his name has now been taken off the charging order to...
thank you
charmaine xx

[MIKE770]

Link Financial = who were the original claimant?

[Charmaine]

G E Money..
xxx

[MIKE770]

OK have asked people to look in here for you

[Charmaine]

Aww bless you..
thank you very much
xxxx

[Amethyst]

It was a joint debt he was given to pay and it was a charging order on the house.

The house was jointly owned ? and it is a joint debt - how did there come to be a charging order - was it a secured loan originally or did you receive a county court judgment and the creditor applied for a charging order to enforce the judgment ? If a judgment do you have a copy ?

Are Link ( the owner of the charge ) asking you to pay the full amount or threatening looking at a sale order, or asking for monthly installments ?

Were the debts split through an informal agreement or financial consent order during divorce proceedings ?

Diana M

[Charmaine]

Hey... yep house was jointly owned and a joint debt... the creditor applied to the court for the charging order.. they are saying they want there money now... I think they will settle with monthly installments.. and debts split through financial consent order in the divorce...
in the divorce he was told to take full responsibility ov the link debts and charging order and indemnify me .
xxx

[Charmaine]

In the consent order the exact words are
the respondent to undertake the applicant and the court.
To take full responsibility for the two joint loans link financial under ref. 928118 and 928201 and to arrange for repayment of the same on such terms as the respondent shall negotiate with the lenders and fully indemnify the applicant against and claims by them including for the sake of clarity and claims the lenders may have under the charging orders of the respective party ...

[Peridot]

Hi Charmaine,
Have you sent a copy of the consent order to the claimant?

[Charmaine]

Morning

I have yes but they still saying that they are 3rd party and not interested in what the financial divorce says the debts in my name only now as he went bankrupt... when I explained the charging order was made before he went bankrupt and his name still on the mortgage again they said they not interested they want there money off me..
thank you x

[Joanna C]

Morning

I have yes but they still saying that they are 3rd party and not interested in what the financial divorce says the debts in my name only now as he went bankrupt... when I explained the charging order was made before he went bankrupt and his name still on the mortgage again they said they not interested they want there money off me..
thank you x

Obligations under orders made in family proceedings under the Magistrates Courts Act 1980 and the Matrimonial and Family Proceedings Act 1984 are excluded from bankruptcy (however a debt arising in respect of a lump sum in matrimonial proceedings has, since 2005, been provable in bankruptcy).

In this case the debt is in joint names so GE are able to pursue you. Your husband under the order has to indemnify you for any payments made to GE so you can in turn pursue him for the money.

[Charmaine]

Hi thank you... unfortunately im not in a position to pay for a,solicitor as he has left me in so much debt.. is this something I can do myself??
thank you
x

[Amethyst]

Sounds like you will have to come to an arrangement for installments with the charge holder, then reclaim the money off of your ex, which, if he is bankrupt, isn't likely to actually produce anything from him. Do you still have contact with the solicitors you used for drafting the financial order ( if you did ) - might be worth an ask of them ?

Is the house solely in your name now on land registry / mortgage etc ?