Charging Order

[excel1]

Hi,

have been away for a long while, largely due to ill health, but need your advice please

i have been issued a charging order on a house i no longer own and have although sale completed only recently, my half of any equity was with my bankruptcy trustee who then sold their rights to my exwife,so i had no say in this.
i have emailed the solicitors who done this of there mistake, but i am expecting some kind of arguement because solicitors will NEVER admit they made a mistake, that its my fault instead ,so where do i stand? is there anything i have to do to sort this?

I dont want the newowners knowing my business as they so happened to be family members(yes they paid full going rate etc no underhand there) just that they knew more than the general public on how well it had been improved to a very high standard and were happy to pay for it.

Anyway any help greatfully recieved,
Will

[Inca]

Re: Charging Order

:bump:

[CleverClogs]

Re: Charging Order

i have been issued a charging order on a house i no longer own and have although sale completed only recently, my half of any equity was with my bankruptcy trustee who then sold their rights to my exwife,so i had no say in this.
i have emailed the solicitors who done this of there mistake, but i am expecting some kind of arguement because solicitors will NEVER admit they made a mistake, that its my fault instead ,so where do i stand? is there anything i have to do to sort this?

None of this makes much sense, as some details are missing.

For a charging order to be granted, there must first have been a court judgement made against you. Did that happen before or after you were declared bankrupt? Did you tell your trustee about the judgement?

I would doubt that the charging order would have any effect on you as, because of your bankruptcy, you do not own any property to which it could be applied.

[Kafka]

Re: Charging Order

There are 3 stages to a Charging Order, all of which need to happen.

1) A CCJ must be granted against you for the debt.
2) An Interim CO is awarded to the Claimant.
3) A Final CO needs to be awarded.

Only after all 3 stages have been awarded to the Claimant is the CO registered against the property with the Land Registry.
We need to see a full timeline of events to understand how this fits together.

[excel1]

Re: Charging Order

There are 3 stages to a Charging Order, all of which need to happen.

1) A CCJ must be granted against you for the debt.
2) An Interim CO is awarded to the Claimant.
3) A Final CO needs to be awarded.

Only after all 3 stages have been awarded to the Claimant is the CO registered against the property with the Land Registry.
We need to see a full timeline of events to understand how this fits together.

1. i was made bankrupt in nov 2009 so discharged 2010 however still had trustee
2. ccj granted 22 nov 2012
3. interim grant early Jan
4. final order feb 19

Now i went in for open heart surgery on 23rd Jan and only came out wednesday so have had more important things on my mind up to now think i have answered but if i havent let me know as focusing is still a problem for me

[FlamingParrot]

Re: Charging Order

Was that CCJ and charge for a debt you had before you went BR? Because in that case it should have been included in the bankruptcy. Or did you manage to obtain credit again so shortly after your discharge?

You say the final CO was only awarded a few days ago, but you also say the sale has been completed, so how can a charge be recorded against a property you no longer owned?

[labman]

Re: Charging Order

Indeed, the CCJ is the puzzling bit. I'm struggling to understand or see a way you get get a CCJ so soon after being discharged from BK. Your help would be appreciated.

[excel1]

Re: Charging Order

was for cheque cashing firm where cheques were dishonoured that were paid to me for my work done, the customers did eventually pay me,but as the recession hit so hard got taken up ny more pressing bills, this was alll post discharge of my bankrupcy.