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Charging Order

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  • Charging Order

    I was declared bankrupt on 24/9/2012 and was discharged 12 months later. I was the sole owner of my property which was subject to a mortgage. However the land registry have not recorded a bankruptcy restriction on the property. Is there a time limit for them to do so? Also I have today received notice that the official receiver is seeking a charging order on the property having applied to the court on 18/9/2012. Further to this I am of the opinion that the proper procedure for serving notice on myself and other respondents has not been followed, amongst other procedural shortcomings. An example being that on form COAO which was attached the notice of proceedings that I received today, not having been properly served prior to the third anniversary of the petition by form CONA, the OR Report states that the mortgagee was notified of the intention to gain a charging order on 18/9/2012 by letter not by form CONA accompanied by form COAO as required. I would appreciate guidance as to whether in your opinion, from the foregoing I have grounds to challenge the Charging Order application.
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