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Charging order

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  • Charging order

    New to this do apologies if I’m in wrong forum but be so grateful for any advice
    Would anyone be able to offer some advice please.



    I have an Interim Charging order placed on my property by means of a restriction from Bank of Scotland - it relates to a Halifax CC going back to 2004.The order was placed in 2008. they have never chased the debt in all these years.



    My ex partner is now looking at declaring bankruptcy so I desperately need to get him off my mortgage.My current mortgage lender is no longer offering refinance. So I have had a mortgage accepted with nationwide in my own name BUT i have to get the charging order removed.



    I have contacted Halifax and am being passed from dept to dept (as the debt is so old nobody can tell me anything) after around 3 hours on Friday I finally spoke to someone who located my account, they inform me they have sold the debt to Link Financial, I am yet to hear from Link.



    Land Reg tell me only the interested party (Bank of Scotland) can get the order removed so my worry is even if i pay link I could still be stuck with the CO- any advice would be so greatly appreciated

    I am desperate as my ex left me over 12 years ago and I have kept the mortgage going in my own right I don't want to risk losing it because of his bankruptcy.
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  • #2
    If it is an interim charging order it should be removed as it should be a temporary restriction whilst they apply for a final charge. It may be they applied for a charge but entered a payment arrangement instead so never went ahead - do you have any recollection of Halifax threatening court action previously ? Any CCJ ? ( it would be removed from the register by now if there was one )

    Might be worth doing a Subject Access Request to Halifax to get your data which should show anything related to the debt and what happened.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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