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can some one please explain this term found in a loan agreement

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  • can some one please explain this term found in a loan agreement

    the term is as follows
    “This agreement shall not be secured by any charge on land which has been or may be granted by you or any other person”
    i have trawled the net but haven't found the answer
    the loan was an unsecured loan now made secure by way of a charging order
    thank you in advance
    albert
    Tags: None

  • #2
    Re: can some one please explain this term found in a loan agreement

    The loan cannot be changed just like that unless something has happened and your in default, in which case other rules apply, If it states this in the agreement then it cannot be changed by a charging order, you need a solicitor, but if you are in default and you have broken the agreement then this term no longer applies.
    Check on the small print to see if any terms or addendums are included which allows this.

    Comment


    • #3
      Re: can some one please explain this term found in a loan agreement

      Originally posted by albert.adderley View Post
      the term is as follows
      “This agreement shall not be secured by any charge on land which has been or may be granted by you or any other person”
      i have trawled the net but haven't found the answer
      the loan was an unsecured loan now made secure by way of a charging order
      thank you in advance
      albert

      Sounds to me like it is just a description of the loan type. ie unsecured personal loan.

      Comment


      • #4
        Re: can some one please explain this term found in a loan agreement

        Originally posted by albert.adderley View Post
        the term is as follows
        “This agreement shall not be secured by any charge on land which has been or may be granted by you or any other person”
        i have trawled the net but haven't found the answer
        the loan was an unsecured loan now made secure by way of a charging order
        thank you in advance
        albert
        It simply refers to the fact that the loan is not held over any asset for security (unsecured loan).

        Comment


        • #5
          Re: can some one please explain this term found in a loan agreement

          Originally posted by simonpieman View Post
          The loan cannot be changed just like that unless something has happened and your in default, in which case other rules apply, If it states this in the agreement then it cannot be changed by a charging order, you need a solicitor, but if you are in default and you have broken the agreement then this term no longer applies.
          Check on the small print to see if any terms or addendums are included which allows this.
          The term merely says the loan was not secured, not that a charging order couldn't be obtained in case of default.

          Sadly the law does allow unsecured debts to be secured once judgment has been obtained and many people who are not au-fait with consumer credit legislation have no idea about that. If judgment was obtained after October 2012 and the amount is at least £1,000, the creditor can apply for a charging order straight away. Previously the debtor had to default on their CCJ payments before a CO could be obtained.

          Oh this lovely government, :rant: :rant: :rant: if I put here everything I have to say about them, the LB server would self-destruct, along with the whole of the internet!

          Comment

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