Charging Order

[Lilyanna]

Hello,

I have a complex issue here.

I was taken to court by my ex and he got the right of Force of Sale.

I subsequently left the property some months before. He was granted that I was not to return to the property.

In my absence I had a CCJ delivered by Reston's solicitors on a debt that I had no chance to reply to offering payment, as I now have no fixed address, and had not been given my post by my ex who is at present still in the house.

I had to leave the property Nov 2017. The CCJ was issued FEB 6th 2018.

I have now received a letter from the Land Registry saying Renstons have applied for a Charging Order.

What should I do?

Lillyanna

[Amethyst]

Okay, so you have a CCJ against you by Restons who have now applied for a charging order over the property, which you still have joint ownership of, but where your ex lives and has an order in place to sell the property, and an injunction to stop you attending the property.

How much is the judgment for ? Do you know who the claimant was ( Restons is a solicitors who act for a claimant ) and do you know what the original debt was ?

How did you receive the letter from the Land Registry ( has your ex started forwarding mail on to you?)

What will happen if you don't apply to set aside the original judgment, is that the court will set a hearing date to see if the charge can be made final, at the moment it should be an interim charging order. Unless that has already taken place in your absence and this is the final charge being applied ?

When/If your ex sells the property, any charges will be taken from any equity - it could make it more difficult to sell, so it is in your interests to try and find out about this claim and see if you can get it sorted out another way than being secured by charging order, either defended, or as you said before by an offer to pay by installment.