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RickP

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  • RickP

    Hi all,
    New to the forum, so please excuse any errors in my understanding of what I need to do with my particular issue.
    In 2006 a charging order was entered with land reg against my property, with regards to a secured loan with Northern Rock.
    Whilst I am aware of what transpired with that company and payments were being met at the time, I later became unemployed and payments ceased. (I am now 67 yrs old and retired).
    Although my memory is vague and there is no written evidence to show what I believe to be correct; I was under the impression that part of the Northern Rock portfolio, was sold/taken over, by C L Finance. They in turn took out there own charging order in July 2010, which was struck out in Nov 2010 and no longer appears in land reg searches. So, in effect, as far as I am aware, there were 2 charges lodged for the same debt.
    The problem is, that I am now selling my home and the original NR entry still shows.
    I have completed form NR1 with land reg but have no written evidence of my thoughts and the case/s are too old for the court to hold details about. I am now questioning if my memory is incorrect and perhaps the NR and CL finance debts were not related at all.
    I am aware that NRAM was originaly formed but are no more and I'm really concerned that this situation is going affect the sale of the house.
    I am also aware that NR transferred some of it's debt to Cabot and I did indeed have a couple of accounts with them years ago, but for totally different amounts of money to this charge (Owed them a good deal more) and I'm fairly sure that they are not related simply because of that. I really cannot remember receiving any correspondence relating NR and Cabot and I don't know what my next course of action is.
    There are no CCJ's on my credit file and I seem to recall Cabot having advised me years ago, that they had no record of any charge relating to what I owed them. If this charge does infact relate to any NR debt passed to Cabot (rather than C L Finance) but the charge is in the name of Northern Rock, I have no knowledge as to if I would be legally obliged to pay Cabot, or, if no debt now exists, due to the NR situation.
    Can anybody help please?
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  • #2
    Sometimes creditors who feel they have no chance of recovering the debt maybe because they are aware you had no money at the time, take the long view and put a charge on your house knowing that when sold they will be paid.

    Whatever debt the charge relates to is at this stage irrelevant. The charge exists and no sale of the property can take place without the charge being satisfied which is normally out of the proceeds of the sale. The creditor will claim interest on the debt and the amount claimed will be deducted from any monies you receive from the sale of the asset.

    This is the short answer, if you have further questions please come back to this thread.
    .
    Last edited by EnglandPi; 6th February 2022, 09:46:AM.

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