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Background: My partner bought a house in 2004 . I am in the process of helping him to remortgage the property as he is currently with Landmark at crazy interest rates, The remortgage means that he will be over £600 a month better off.
He has historical debts that were not managed well and he defaulted. As a result in 2009/2010 he set up payments to the creditors at £1 a month. All was well but when we moved in together in 2020 I noticed that there were letters coming from other companies who had been sold on the debts - asking him to contact them and arrange a payment plan now with them. Despite my 'nagging' he ignored these saying that he had already had arrangements with all debtors and they were being paid each month.
As a result of this one debtor sent a final letter in 2023 saying that a final charging order was being taken to the courts. I contacted them on his behalf, explained the situation and ask that they allow us to pay the charge and stop interest. They replied saying this was not possible as the charging order had been granted. At the time my parner said 'oh yes I had one of those threatened about 20 years ago and nothing ever happened!'
Now, here's the strange part - as part of the remortgage I ordered the title deeds from the gov site and can only see one charging order on it from 2009. It reads 'Equitable charge created by interim charging order of the Bradford County Court dated 10 September 2009 in favour of CL Finance Limited. The other charge I was expecting to see is not there.
I understand from my research that an interim order is only put in place for 28 days until a final charging order is granted - but this is now over 15 years ago ... were do we stand with this?
At the end of the day we need to find out what charging orders are there and pay them asap so we can remortgage. Any idea whether this is enforceable or what I do to a) remove it or b) find out the value and creditor so it can be paid and removed for the remortgage to proceed?
Any help would be much appreciated so I can help him sort this out (with a big pinch of 'you should have listened to me'
He has historical debts that were not managed well and he defaulted. As a result in 2009/2010 he set up payments to the creditors at £1 a month. All was well but when we moved in together in 2020 I noticed that there were letters coming from other companies who had been sold on the debts - asking him to contact them and arrange a payment plan now with them. Despite my 'nagging' he ignored these saying that he had already had arrangements with all debtors and they were being paid each month.
As a result of this one debtor sent a final letter in 2023 saying that a final charging order was being taken to the courts. I contacted them on his behalf, explained the situation and ask that they allow us to pay the charge and stop interest. They replied saying this was not possible as the charging order had been granted. At the time my parner said 'oh yes I had one of those threatened about 20 years ago and nothing ever happened!'
Now, here's the strange part - as part of the remortgage I ordered the title deeds from the gov site and can only see one charging order on it from 2009. It reads 'Equitable charge created by interim charging order of the Bradford County Court dated 10 September 2009 in favour of CL Finance Limited. The other charge I was expecting to see is not there.
I understand from my research that an interim order is only put in place for 28 days until a final charging order is granted - but this is now over 15 years ago ... were do we stand with this?
At the end of the day we need to find out what charging orders are there and pay them asap so we can remortgage. Any idea whether this is enforceable or what I do to a) remove it or b) find out the value and creditor so it can be paid and removed for the remortgage to proceed?
Any help would be much appreciated so I can help him sort this out (with a big pinch of 'you should have listened to me'
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