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Old Charging orders

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  • Old Charging orders

    Hi everyone.
    I'm in a bit of a crisis right now. I have 2 charging orders from hfc bank that was done through restons solicitors. Im right near the end of selling my house and we didnt know that charging orders basically last forever as we thought it was a ccj and as it was 15yrs ago we didnt include this during our mortgage application. Now i was very young at the time and bought this house we're selling when I was 18yrs old and we made extremely stupid choices had no idea what we were doing and long story short my husband had 2 charging orders issued. We couldn't sell the house at the time as there wasn't enough equity in the house to cover them. I think one was turned from an original debt of 3000 to 16,000 which was, i thought, a bit extreme and one is for just under 4000. So we've waited to sell the house so we could build up the equity enough to cover them and move on. We didn't know that we couldn't move until we paid them off until a couple of weeks ago. So now the problem is it was hfc bank. We have no idea who we contact about this as they went bust. I think hsbc took over but we have no details of accounts or anything. I've tried to find a way to contact them but as I don't have an account with them I'm finding it hard to do. And the same goes for restons. I don't have an account. Now we waited all that time to be able to cover those amounts. I had no clue that they'd accrue interest as well. Now I'm panicking about finding out what they're gonna say I have to pay. But I can't find a way to contact them. Does anyone know an email address or who I should be even contacting about them in the first place.?
    Tags: None

  • #2
    First of all, can you please post the exact wording of the entries on the Land Registry title document that relate to each charging order. We need to understand those exact terms to be ale to advise.
    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
      Hi
      Speak to your conveyancing solicitor about the wording of the restriction on the deeds
      The wording on some older restrictions is weak and a couple of forum users have said their sale still went through even though there was a charging order when the solicitor complied with the restriction on the day of the sale

      Comment


      • #4
        We can comment on the wording once we see it!
        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
          Hiya I actually downloaded the land registry doc but it won't let me post them so I've just copied them so
          in the charges section it goes
          3
          1991-05-09
          The land is subject to a perpetual yearly rentcharge
          of 2 created by a Conveyance of the land in this
          title dated 27 September 1950 made between (1)
          Annie Ward and Margaret Cleminson and (2)
          Herbert Spooner
          The said Deed also contains covenants
          - NOTE: Original filed
          2006-11-02
          REGISTERED CHARGE dated 27 October 2006
          2010-02-08
          Proprietor: SANTANDER UK PLC (Co. Regn. No.
          2294747) of Deeds Services, 101 Midsummer
          Boulevard, Milton Keynes MK9 1AA
          5
          2007-12-12
          REGISTERED CHARGE dated 10 December 2007
          O
          2016-05-26
          Proprietor: PARAGON BANK PLC (Co. Regn. No
          5390593) of 51 Homer Road, Solihull, West
          Midlands B91 3QJ.

          These are my mortgage and my loan we have secured on the property we're selling, no problem there
          but
          Then it says all this. And by the way its jointly owned but the charging orders are only in my husbands name

          5 2009-03-04
          RESTRICTION: No disposition of the registered
          estate, other than a disposition by the proprietor of
          any registered charge registered before the entry
          of this restriction, is to be registered without a
          certificate signed by the applicant for registration
          or their conveyancer that written notice of the
          disposition was given to HFC Bank Limited at
          Restons Solicitors Limited, Trinity Chambers, 800.
          Mandarin Court Centre Park, Warrington, WA1 1GG
          being the person with the benefit of an interim
          charging order on the beneficial interest of
          made by the Stockport County Court on
          11 February 2009 (Court reference 9XO85088)
          2011-06-03
          RESTRICTION: No disposition of the registered
          estate, other than a disposition by the proprietor of
          any registered charge registered before the entry
          of this restriction, is to be registered without a
          certificate signed by the applicant for registration
          or their conveyancer that written notice of the
          disposition was given to HFC Bank Limited (Co.
          Regn. No. 1117305) at Restons Solicitors Limited,
          Trinity Chambers, 800 Mandarin Court Centre
          Park, Warrington WA1 1GG, being the person with
          the benefit of an interim charging order on the
          beneficial interest of
          made by
          the King's Lynn County Court on 23 May 2011
          (Court reference 1XO87455).
          C
          C: Charges Register
          This register contains any charges and other matters that affect the land.
          Class of Title: Title absolute
          Entry number
          Entry date
          1991-05-09
          A Conveyance of the land in this title and other land
          dated 14 September 1899 made between C.J.
          Howard and W.E.Carrington................ ive kinda posted it backwards so obv the first part should be from here. Hopefully you realised that as your not stupid. Haha
          thanks for this BTW x

          Comment


          • #6
            Also I can't find the 16000 final order letter at all but I do have the 4000. If there's only intrim orders on the land registry where's the final charge on it cosbits not showing up? I don't get it. Are they just gone?? I'm so confused!!!!

            Comment


            • #7
              These are the relevant parts:
              5 2009-03-04
              RESTRICTION: No disposition of the registered
              estate, other than a disposition by the proprietor of
              any registered charge registered before the entry
              of this restriction, is to be registered without a
              certificate signed by the applicant for registration
              or their conveyancer that written notice of the
              disposition was given to HFC Bank Limited at
              Restons Solicitors Limited, Trinity Chambers, 800.
              Mandarin Court Centre Park, Warrington, WA1 1GG

              being the person with the benefit of an interim
              charging order on the beneficial interest of
              made by the Stockport County Court on
              11 February 2009 (Court reference 9XO85088)
              2011-06-03
              RESTRICTION: No disposition of the registered
              estate, other than a disposition by the proprietor of
              any registered charge registered before the entry
              of this restriction, is to be registered without a
              certificate signed by the applicant for registration
              or their conveyancer that written notice of the
              disposition was given to HFC Bank Limited (Co.
              Regn. No. 1117305) at Restons Solicitors Limited,
              Trinity Chambers, 800 Mandarin Court Centre
              Park, Warrington WA1 1GG,
              being the person with
              the benefit of an interim charging order on the
              beneficial interest of
              made by
              the King's Lynn County Court on 23 May 2011
              (Court reference 1XO87455).
              Those are form K restrictions. All that needs to be done to register a transfer of ownership on sale is for the stated person to be given written notification -see the words I have put in bold text. Letters can be sent to the companies stated at the addresses given.
              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


              • #8
                So they just send a letter. I thought I couldn't sell the house without making a payment. Is that not the case?

                Comment


                • #9
                  In other words, you can be reassured that your house sale and purchase can proceed. No need to panic.
                  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


                  • #10
                    Originally posted by Natt1982 View Post
                    So they just send a letter. I thought I couldn't sell the house without making a payment. Is that not the case?
                    No - all that needs to be done is to send letters.
                    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
                      If the CCJ awards against your husband were for debts regulated under the CCA 1974 the creditor may not be entitled to add interest after the CCJ
                      Please read the fact sheet at http://www.nationaldebtline.org/fact...st-on-a-ccj-ew
                      Your husband should try to find or ask the bank for a copy of the credit agreement and see if it mentions interest will be added until full settlement is made

                      Comment

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