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Charge order

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  • Charge order

    Cabot managed to get a final charge on a property I joint own with my partner and the judgment is only against my partner, any help with the process to get the charge removed would be appreciated, I'm assuming I have to apply to the court to get it removed and not LR?
    Last edited by Slimchancer; 18th September 2023, 09:25:AM.
    Tags: None

  • #2
    Almost certainly the charging order is on your partner's interest in the property. In my opinion, your chances of getting it removed are slim.

    I suggest that you read the wording of the restriction entered on your Land Registry title very carefully.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Found this.....

      Charge Orders cannot be granted if the property is jointly owned/mortgaged and the alleged debt is only in one of the owners name, they can only put a restriction K on which means that payment can be avoided.

      This explains...

      "And if your solicitor ever questions this information then please refer him to the Land Registry's Practice Guide 76 Section 4 Para 3 where it states;

      "We will automatically cancel the Form K restriction once it has been complied with on registering a transfer of the registered estate for valuable consideration. We will assume that if the debt secured by the charging order has not been paid, your clientís interest will have come to an end with the postponement of the charged beneficial interest under section 29 of the Land Registration Act 2002."

      Comment


      • #4
        That is almost correct. A Form K restriction is entered following a charging order in respect of one of the joint owners' interest in the property.

        And that is why I said you should read the wording carefully.

        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          So could they manage to force a sale on a Form K?

          Comment


          • #6
            https://www.justice.gov.uk/courts/pr.../part73#73.10C
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Thank you ATTICUS, I'll get a copy of the order from LR

              Comment


              • #8
                I have the interim charge order from CCBC (Salford) which names me as having an Interest in the property , will there be a copy of the Final order?

                Comment


                • #9
                  Paperwork was sent to old address as we moved around that time so didnt get to challenge the interim, we did a stat dec to explain this but it was ignored

                  Comment


                  • #10
                    Originally posted by Slimchancer View Post
                    I have the interim charge order from CCBC (Salford) which names me as having an Interest in the property , will there be a copy of the Final order?
                    Yes. Contact the Court office, with case number.
                    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      I'm assuming it's an N244 to get the charge removed?

                      Comment

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