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Advice on Charging Orders and much more please

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  • Advice on Charging Orders and much more please

    Hi Folks

    I have some friends who are in a terrible financial state.

    They own a listed house that is worth a lot of money (or was before the roof fell in - literally!)

    Back in 2007 things turned very bad for the couple and instead of facing the issues they fled the country.

    At the time they thought it was the best thing to do but 6 years on they are no nearer getting things sorted and basically are scared to come back into the country!

    They are getting on now and are missing their children and grandchildren very much and their health is not what it used to be (mainly due to the stress they have lived under for all these years)

    Because of the way the initially handled the situation they are now without any paperwork and struggle to remember all the details.

    The only paperwork they have is a copy of their Land Registry Title docs which shows 14 entries in the Proprietorship register and 7 on the Charges Register.

    I do know one of these charges is for £1million !!!! but I'm not sure which one as yet (wife left it all to husband to sort out and husband buried his head in the sand!!)

    Many of the charges are interim charging orders. I don't know too much about this (fortunately my situation has so far not taken me this far!!) but I do know they are not as serious as final charging orders.

    Having read the title register I recognise a lot of the names to be credit cards/dca's. Some are not Zurich Ins, Axa, General Asset management to name a few.

    As I said they tried to ignore what was happening so didn't even open a lot of the letters that arrived before they left the country so now it is very difficult to try and untangle the mess.

    We have applied for further details from Land Registry to see what charges are for how much but until that arrives are working in the dark.

    They are very sad that the property is being left to rot and obviously distraught at not being able to see their family but they cannot see a way out. The property is not worth what the charges total (and the local council are regularly putting further charges on the property for unpaid council tax and remedial works they take it on themselves to complete)and they would love to know the property has been saved. They also worry about the headache this is going to leave their children when something happens to them!

    The couple are married and all but 2 of the charging orders were in Mr's name. The 2 in Mrs name are both for Barclays (one interim, one final) and they both own the property. Does this mean it is harder for them to get final charging orders?

    Does the 6 year rule apply to charging orders (I'm guessing not)

    What happens if one of them dies?

    Can you request CCA information from companies who already applied a charging order?

    I was just wondering if anyone can give me any advice on what I could do to help them.

    Thanks for reading what has become a very long post!

    Billy
    Tags: None

  • #2
    Re: Advice on Charging Orders and much more please

    Firstly, there's no reason to be scared of coming back, because debt is a civil matter, not a criminal offence, so nothing will happen to them. Whilst it's possible to 'do a runner' and move abroad to escape debt, this is not an option when you owe property in this country, because creditors can easily issue court papers to any old address and, when the debtor fails to respond, they will obtain a CCJ by default. This will pave the way for a charging order, which, sadly, are easily granted.

    You say one of the charges is for a million pounds, that can't be for any kind of consumer credit such as loans or credit cards. It sounds more like a mortgage/secured loan or probably a business debt secured on the property.

    When the debt is in a sole name and the property is jointly owned, they can only record a restriction, but they can obtain it as easily. There's a rather lengthy discussion on restrictions here: http://forums.moneysavingexpert.com/....php?t=1839539

    An interim charging order can still be argued against, there will have to be a court hearing for the final charging order to be granted. Once there's a final CO, the creditor can apply for an order for sale to get their money back. Orders for sale are seldom granted for consumer debts below £25k but when there's a charge for a million, it's a distinct possibility. See this for reference: http://www.adviceguide.org.uk/wales/...ing_orders.htm

    Sadly the 6 year rule does not apply to COs, nor can you send a CCA request for any account where judgment has been obtained.

    Comment


    • #3
      Re: Advice on Charging Orders and much more please

      Originally posted by billysilly View Post
      I was just wondering if anyone can give me any advice on what I could do to help them.
      If they return, they will almost certainly be made bankrupt. Given the number and scale of the sums involved, harder and blunter questions may also be asked.

      Comment

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