CCJ/ charge on property

[Alib]

Hello- I am really hoping someone can help.

my husband and I received a letter out of the blue today from the land registry stating that an application had been made against my husband on our property. Upon calling the company listed they advised that this pertains to a credit card debt that was unpaid from 2019. We were under the impression this had been paid in full.

We have had NO correspondence about this. The address on file with the solicitors collecting the debt is correct. I do not understand how we have had no information. If I would have known the debt was outstanding it would have been paid- we have the money.

I have contacted the solicitors and asked for all correspondence they sent to us. They tell me they called my husband and wrote to him last November / December he refuted this. I have emailed thw court asking for a copy of the order. It appears the CCJ was issued in feb and application against our property in April.

I have contacted HSBC and asked for evidence of who cancelled the direct debit (us or them) and I have all our bank statements showing 20 months of frequent payments. I have contacted MBNA and asked for all correspondence and engagement made around the debt, missed payments, etc.

whet can I do? Please help. I am petrified of losing our home. Do I just pay and dispute later or hold out and appeal? We both were confident it had been paid in full. However if it hadn’t there is no way we would have ignored debt collectors contacting us.

please help.

[Alib]

Anyone. Please?! I am desperate.

[islandgirl]

Hi - we understand you are worried but people here are volunteers and many will be working and will look at this board later in the day. I have no expertise in this area but others do. I would think the first thing to do will be to write to the LR and dispute the charge (presumably there are instructions on how to go about this in their letter). You won't lose your home. It means that if you sell the property the debt has to be settled before it is reregistered in a new name I believe. I obtained a charging order for a debt on someones's property and 5 years later they paid it off because they wanted to sell it and the charge was removed. Keep checking in - someone will advise soon.

[MIKE770]

1st things 1st = it is not a joint entry, therefore cannot be lost (property),., as from about / on 2012 ish any amount over £1000 a charging order (on the property for one ) person can be requested, and most cases granted. OKay! well they can do that, although normally you would get a chance to show a judge (has to be very good reason) for it not to be granted.

all it means is that if the property is sold in the future a solicitor etc could find out and have to take into account on final payment that it is repaid) - outstanding amount on the partners half of any funds.
unless both parties are on the charging order.
They cannot repossess as you are not part of the said order>

[EnglandPi]

Just because there is a charge on your property does not mean you will lose your home but if you try to sell your property the debt will have to be paid before any sale can take place. It appears at this stage you have do everything you can. Please let us know when you recieve the requested information and we can advise.

[MIKE770]

Charging orders - Citizens Advice 1st order is interim a final order later , so read above but remember, so if over the years he clears the amount in question or events change then thats it>

[islandgirl]

A solicitor cannot "get around" a charge - well not a legitimate one anyway. Also it is on the LR docs so not difficult to "find out" that it exists.

[MIKE770]

A solicitor cannot "get around" a charge - well not a legitimate one anyway. Also it is on the LR docs so not difficult to "find out" that it exists.

have you been through such event? have come across it BUT it can be made again on new ones but for the purpose in this case I will delete that bit.

[MIKE770]

Fact Sheet - Charging orders | National Debtline | National

Practice guide 76: charging orders - GOV.UK

[MIKE770]

Basically:-

Your solicitor will arrange for the outstanding balance on the Charging Order debt to be paid from the equity realised by the sale. The creditor holding the charge will then agree for it to be lifted and the sale can be completed. Any equity left over is then transferred to you.

You will only have problems selling your property if there is not sufficient equity to cover the outstanding Charging Order debt. Where this is the case the creditor who holds the charge (the Charge Holder) can effectively block the sale by refusing to lift their Charge. But many would probably accept new order on any new property?

[MIKE770]

That gives you plenty of reading - but the worry you have at present can be extinguished, so relax, and discuss with your husband any next move to eventually clear the amount to get it satisfied in the future, or in the event of selling property.

many of us have been through this and not the person it refers to but a partner with interest, welcoming is the fact the partner can not be discriminated and loose out the law will not allow that i.e. loose home, when it is not a dual charge!

[MIKE770]

best to set out a repayment plan for peace of mind for both of you? dependant on circumstances of course BUT do not stretch yourselves. main thing is to discuss this and work it out between yourselves - Good Luck, feel free to ask questions and if there is an answer/advice from people on here you are most welcome to post here!

[islandgirl]

have you been through such event? have come across it BUT it can be made again on new ones but for the purpose in this case I will delete that bit.

Yes - I put an order on someone's property and it appeared (after a first charge to someone else) on the LR docs. The debtor had to pay me before I would release the charge (and presumably pay the first debtor too)

[Alib]

Thanks everyone.

we can pay the amount in full. The issue I have is that we had considered that the debt had been paid in full and we have received no notification of the CCJ or court applications until this letter came through. I feel relieved that it can’t be repossessed but equally I don’t want the charge etc to go up.

I would like to appeal the CCJ and have asked for the court file, judgement. I have contacted the new debt company who it was sold too to ask for a SAR, the initial credit card company and our phone records asking for information.

is there anything further I can do. I’m worried they’re going to go for a notice of sale on the address and the amount is going to go up (then we couldn’t pay). I don’t want to pay it yet because I feel it’s been unfairly added and would like to appeal. Or do I pay now and then appeal? Wouldn’t that undermine my position.

I can see some paralegal companies who I can pay to sort this. Or is this something I can do myself? I haven’t been able to get hold of CAB today and I’m worried time is running out and things are going to escalate.

for reference according to credit file he defaulted in June 2019 and the CCJ was issued in feb 2021. We honestly didn’t receive any notification (I was working from home unwell at the time so view all post).

[islandgirl]

Is there an instruction with the notice from the LR as to how to object. If so I would follow it at this stage if I were you