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Removing Old charging order

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  • Removing Old charging order

    Hi,

    Just need a little advice about a charging order on our house. Don't know where to post this?
    Just under 10 years ago entered into a Tomlin Order, regular monthly payments to Link Financial. They insisted on placing a charging order on our house and my wife had to sign a document agreeing to this as the debt was not hers.
    However, the payments will soon be coming to and end and so the charging order should be removed. But I have heard of DCAs who are negligent in applying for the charging order to be removed once the debt is paid in full.
    1. Is this correct or will the charging order be removed automatically?
    2. Do I send them a letter reminding them to remove it - and will this work?
    3. Withhold the last few payments until charging order is removed. Obviously, sending a letter to them telling them that's what I am doing.
    4. If they fail to remove order at the end of the agreement is there any other way of removing the charging order without too much cost?

    Thanks in advance.

    sidley
    Tags: None

  • #2
    2 would be a good first step.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. 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
      Thanks Atticus.

      Comment

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