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Good evening everyone and I wonder whether you can help me, please.
Context
My house has 3 Interim Charging Orders registered against it, all dating from 2010. I am sole proprietor with a mortgage but no other loans.
These are all registered using the words “Equitable charge created by an Interim charging order of the XXX County Court …” and the orders themselves, which I’ve obtained from the Land Registry, each identify the original amount, claimant and judgment dates. I don’t have any documentation at all apart from the Interim Charging Orders themselves, although I assume they were automatically made final at some point.
A brief history: I was the victim of a major identity theft committed by my ex, who was very crafty indeed and must have intercepted a lot of post. I then gave up on all my legitimate accounts because they had mostly also been abused. It took a lot of work to deal with all that but I now have a completely clean credit record again.
Dealing with these charging orders is the final part of the job.
Charging Order 1
This relates to a matter I already knew about and was being actively pursued by Restons. The original creditor has acknowledged that the account was opened fraudulently, and I have it in writing that I do not owe them anything. I’m no longer being pursued but the charge is still registered and I’d like it removed before it gets in the way of any future plans.
The question is whether I need to wait for the original creditor to do this, which will clearly take a bit of prompting, or could now take this into my own hands. I could presumably request a Certificate of Satisfaction and then ask the Land Registry to remove the charge directly.
If I do follow that path then does the Land Registry automatically inform the other owners of charges (i.e. the mortgage lender and the claimant for the other two charging orders)?
Charging Orders 2 & 3
As for the other two charges, these are for different amounts to the same claimant, which was Egg Banking plc although I understand that this changed name to Canada Square Operations Ltd. I did send them a DSAR but the response appeared to come by courrier when I was away and requests to send it again by normal post or email have not succeeded.
I think the smaller of these two orders relates to an account that I did legitimately open and I could afford to settle if it were the only one.
However, I certainly never had two accounts with them and I cannot afford to settle both in full, although I would entertain a partial settlement now to put everything to bed at last. The mortgage lender won’t consider refinancing unless the charging orders are all removed and a remortgage is also apparently difficult for the same reason.
There seems to be very little information out there about Egg/CSOL and they are hard to contact so I wonder whether anybody has experience with this and how they act with charging orders or especially partial settlement proposals.
I don’t want to poke the tiger too much and end up with a forced sale although I understand that these are extremely rare. I understand that no interest should at least be accruing on these judgments since they were made, assuming that the Consumer Credit Acts apply, so their value is eroding each year anyway.
Finally, am I right to assume that it’s far too late to consider taking all of this back to an application to set aside the CCJs that gave rise to the charging orders? Even if this were worthwhile then is there a risk of a new CCJ being registered?
Context
My house has 3 Interim Charging Orders registered against it, all dating from 2010. I am sole proprietor with a mortgage but no other loans.
These are all registered using the words “Equitable charge created by an Interim charging order of the XXX County Court …” and the orders themselves, which I’ve obtained from the Land Registry, each identify the original amount, claimant and judgment dates. I don’t have any documentation at all apart from the Interim Charging Orders themselves, although I assume they were automatically made final at some point.
A brief history: I was the victim of a major identity theft committed by my ex, who was very crafty indeed and must have intercepted a lot of post. I then gave up on all my legitimate accounts because they had mostly also been abused. It took a lot of work to deal with all that but I now have a completely clean credit record again.
Dealing with these charging orders is the final part of the job.
Charging Order 1
This relates to a matter I already knew about and was being actively pursued by Restons. The original creditor has acknowledged that the account was opened fraudulently, and I have it in writing that I do not owe them anything. I’m no longer being pursued but the charge is still registered and I’d like it removed before it gets in the way of any future plans.
The question is whether I need to wait for the original creditor to do this, which will clearly take a bit of prompting, or could now take this into my own hands. I could presumably request a Certificate of Satisfaction and then ask the Land Registry to remove the charge directly.
If I do follow that path then does the Land Registry automatically inform the other owners of charges (i.e. the mortgage lender and the claimant for the other two charging orders)?
Charging Orders 2 & 3
As for the other two charges, these are for different amounts to the same claimant, which was Egg Banking plc although I understand that this changed name to Canada Square Operations Ltd. I did send them a DSAR but the response appeared to come by courrier when I was away and requests to send it again by normal post or email have not succeeded.
I think the smaller of these two orders relates to an account that I did legitimately open and I could afford to settle if it were the only one.
However, I certainly never had two accounts with them and I cannot afford to settle both in full, although I would entertain a partial settlement now to put everything to bed at last. The mortgage lender won’t consider refinancing unless the charging orders are all removed and a remortgage is also apparently difficult for the same reason.
There seems to be very little information out there about Egg/CSOL and they are hard to contact so I wonder whether anybody has experience with this and how they act with charging orders or especially partial settlement proposals.
I don’t want to poke the tiger too much and end up with a forced sale although I understand that these are extremely rare. I understand that no interest should at least be accruing on these judgments since they were made, assuming that the Consumer Credit Acts apply, so their value is eroding each year anyway.
Finally, am I right to assume that it’s far too late to consider taking all of this back to an application to set aside the CCJs that gave rise to the charging orders? Even if this were worthwhile then is there a risk of a new CCJ being registered?