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Help in removing a Charging Order Please

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  • Help in removing a Charging Order Please

    Hi Can anyone advise me on what I need to do please?

    Approximately 18 months ago I discovered that a Charging Order had been placed on my house without my knowledge. I also did not know where the said debts had originated. I sought legal advice from my solicitor and from the CAB. I have also complained to the Ombudsman, none who have been able to offer any help.

    I have discovered that the debt originated from a previous Bank Account overdraft facility, I dispute this as I did not have an overdraft when the account was closed. I have not received any notification of Court Proceedings, although at the time I was living abroad my son was living in the property and any post I received he had authority to open.

    The house was sold to my son by a Declaration of Trust, completed by my Solicitor who advised that this did not need registering at the Land Register, I have now discovered that legally the house is still in my name. My son is now wanting to sell the property and I do not know how to resolve this. I understand that I can make representation to the Court via form N244 but I am worried that the Court will not accept my views as I have read that many peoples views are ignored and they have to pay the debt plus additional Court costs. I only receive a pension and do not have any disposable income.

    This is causing family arguments as my son is desperate to sell the house and he is angry that this charge is registered against the property.

    Thank you for any help anyone can give.
    Tags: None

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