Charging order

[Cloudbase]

Hello

A creditor has a ccj against me for 12k. I live with my partner. I have no beneficial interest in the property nor am I on the title deeds etc .

The creditor claims they can still get a charging order by proving beneficial interest.

How can a creditor prove beneficial interest? I very much doubt this one can. Is the bar set quite high for this kind of proof ? I assume with out the charging order would fail ?

What proof would be allowed ?

[Cloudbase]

Anyone......?

[Amethyst]

Morning Cloudbase, Apologies your post got missed. If you are not named on the deeds of the property, then your creditor will be unable to get a Charging Order, or a restriction, placed on the property.

Have the creditor actually put in for an interim order since getting the CCJ ? Have they looked at any other enforcement options ?
When did they get the CCJ ? and was it for payment forthwith or by installment ?

[Cloudbase]

Thanks
They are claiming i have a beneficial interest in the property which is quite different to being "the legal owner" i have read the quote below on the land registry website under their practice directions. How does a creditor prove beneficial interest?

The creditor has not put interim order yet.

I did however make a deed of gift which i believe negates any beneficial interest as a deed of gift is given with out retaining any interest in that gift, is this correct? the deed of gift was signed and witnessed by someone independent


3.3 Where the debtor is not the registered proprietor


Where the debtor against whom the charging order has been made is not the registered proprietor and it is claimed that a charge of the legal estate has arisen under sections 2(1)(b)(ii) or (iii) of the Charging Orders Act 1979, an application for entry of a notice in respect of the charging order should be accompanied by the evidence referred to in Where land is held by a trustee or trustees. The registrar will take into account any existing register entries, such as restrictions, in considering whether or not the evidence adequately shows that the debtor(s) is or are the only beneficiary or beneficiaries of the trust on which the land is held and whether or not the beneficial interest is unencumbered. Thus if there is an existing restriction in the register which refers to the beneficial interest of someone other than the debtor the evidence lodged should account for that beneficial interes