Charging order or restriction on jointly owned property

[adsdad]

Am I correct in thinking (and from some research) that a debt in a sole name cannot be made into a charging order against a property in joint names. This can only be registered as a restriction meaning the debtor only needs to inform the company they have the debt with that they are selling the property, they do not necessarily need to repay the amount on the completion of the sale

[DANNYBOY62]

i am in the same situation with black horse and they have put a charge on my property even though they have not produced the cca and it was in my name only would appreciate any help thank you

[des8]

Am I correct in thinking (and from some research) that a debt in a sole name cannot be made into a charging order against a property in joint names. This can only be registered as a restriction meaning the debtor only needs to inform the company they have the debt with that they are selling the property, they do not necessarily need to repay the amount on the completion of the sale

I'm not sure you are correct.
It is my understanding that if a property is owned by joint tenants a charging order changes that into a tenancy in common and applies only to the share of the debtor

[jaguarsuk]

i am in the same situation with black horse and they have put a charge on my property even though they have not produced the cca and it was in my name only would appreciate any help thank you

Hi Danny

Please start your own thread detailing your own situation or this could get really confusing. Continuity of advice is easier when kept to individual issues.

[DANNYBOY62]

Hi all thecharging was granted to black horse in 2008 for the sum of 15000 plus 7000 ppi i defended my self but to be honest the judge hardly looked at me took the evidence of black horse and slapped on the charging order it was an unsecured debt in my name only 2 yrs ago they that is black horse sold on the debt to cabot when i sar ed cabot and black horse neither of them could send me a signed cca when i pointed this out to cabot they disappeared the charge isstill on the register under the black horse name .in the so called welcome letter from cabot when they acquired the supposed loan they stated and i quote "the loan has been assigned to them and they have the same the legal rights as black horse in that case is it up to them to remove it from the land register i never paid black horse a penny in all these years whats my position as i am in the process of selling my house thank you