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Paying off the debt in full to cancel the second charge on the property

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  • Paying off the debt in full to cancel the second charge on the property

    I would like to pay off in full the debt that is registered as a second charge by the creditors solicitors.
    They have agreed that on full payment and funds cleared that they will make an application to the LAND REGISTRY to cancel the charge on the debt registered
    Please let me know if I should seek the assistance of a solicitor before sending the money to the creditors solicitor in order that finally the second charge may be removed. What if they don't do it saying that I may owe money on another credit card but no legal action has taken place ( Statute bared or something like that)
    Thank You
    Tags: None

  • #2
    I think you are worrying unnecessarily, just pay the debt and be clear of the charge.

    Comment


    • #3
      h
      Originally posted by EnglandPi View Post
      I think you are worrying unnecessarily, just pay the debt and be clear of the charge.
      e reply Thank you for the reply. However if I owe money -old credit card statute barred- can they hold this against the property without a court order or ccj
      You are correct I am worried

      Comment


      • #4
        To obtain the charge on your property they must have had a CCJ. A CCJ debt is never statute barred.

        Comment


        • #5
          Originally posted by EnglandPi View Post
          To obtain the charge on your property they must have had a CCJ. A CCJ debt is never statute barred.
          Sorry They did have a CCJ to register the second chargewhich I am prpared to pay off.
          But for already statute barred other debts could they have the second charge not removed but be imposed on this basis by the same credit card company and their solicitors.
          Many Thanks

          Comment


          • #6
            Originally posted by wat View Post

            Sorry They did have a CCJ to register the second chargewhich I am prpared to pay off.
            But for already statute barred other debts could they have the second charge not removed but be imposed on this basis by the same credit card company and their solicitors.
            Many Thanks
            I assume English is not your first language? A charge cannot be placed on a property without a court hearing. I trust this answers your question?

            Comment


            • #7
              Originally posted by EnglandPi View Post

              I assume English is not your first language? A charge cannot be placed on a property without a court hearing. I trust this answers your question?
              Thank you . Apologies and I value your guidance on this matter.
              You are correct with your observation regarding English being not my first language.
              You have certainly answered the question regarding a charge.
              Many thanks

              Comment


              • #8
                I got a CCJ against someone (which needed a court hearing). They did not pay. I put a charge on their property without a further court hearing. Just to clear up any confusion!

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                • #9
                  Originally posted by islandgirl View Post
                  I got a CCJ against someone (which needed a court hearing). They did not pay. I put a charge on their property without a further court hearing. Just to clear up any confusion!
                  Thank you
                  Just to clarfi
                  Does this mean that you have taken someone to court and not having paid you culd take a charge on their property
                  Is this without the court procedure or the permission?

                  Regards WAT

                  Comment


                  • #10
                    It was a few years ago but yes I got a CCJ, they did not stick to payment terms so I put a charging order on their house. I did not have to go to court to do so but I cannot remember exactly which forms I filled in...I did it myself - I remember it wasn't easy to work out what went in each box but I got there in the end!

                    Comment


                    • #11
                      Thank you for your response
                      Are you a solicitor if I may ask please?

                      Comment


                      • #12
                        Originally posted by wat View Post
                        Thank you for your response
                        Are you a solicitor if I may ask please?
                        The advice is sound, solicitor or not.

                        Comment


                        • #13
                          No I am not a solicitor just someone who did it successfully - a quick look on the Gov.uk site shows that it is an application to a court but (certainly in my case) there was no hearing..I just filled in forms! https://assets.publishing.service.go...0/n379-eng.pdf

                          Comment


                          • #14
                            Originally posted by islandgirl View Post
                            No I am not a solicitor just someone who did it successfully - a quick look on the Gov.uk site shows that it is an application to a court but (certainly in my case) there was no hearing..I just filled in forms! https://assets.publishing.service.go...0/n379-eng.pdf
                            Many Thanks for your advise. It is clear and understood Great help.

                            Comment

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