charging order

[torioc]

Hi, this is a bit of a difficult situation but ill explain as best I can.
My husband owns our house with his ex partner, we live here with our two small children, his ex hasn't lived here for over 5 years. As there is no equity in the property we began the process of having his exes name removed from the property and mortgage and adding mine instead. His ex is in agreement to this and has signed all relevant documents. Transfer of equity is going through when bang, we receive a letter from a debt collection agency saying that his ex has a debt that she's not paid and so they've placed an intrim charging order on the house with a court date 1/2/16 to get a final charging order.

We are obviously objecting to this, objections being property in no/negative equity. Myself having beneficial interest in the property. And the fact that my husband put down the deposit and has made each and every mortgage payment.

Now what I need to know is how likely is it'll we'll be able to stop the order. And do we need to seek legal representative for court or can we go alone?

[nemesis45]

Re: charging order

Hi, welcome to LB.

There must be a County Court Judgement on this debt.
Which DCA is involved in this?

nem

[torioc]

Re: charging order

Hi thank you.
Yes the letter states that she has failed to comply with the CCJ.

It's with DWF LLP.

[torioc]

Re: charging order

If anyone can give me any advice for the court tomorrow I'd really appreciate it?

[Kati]

Re: charging order

:bump: for [MENTION=6]Amethyst[/MENTION] [MENTION=48934]Debt Camel[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[torioc]

urgent help re charging order court tomorrow

this is a bit of a difficult situation but ill explain as best I can.
My husband owns our house with his ex partner, we live here with our two small children, his ex hasn't lived here for over 5 years. As there is no equity in the property we began the process of having his exes name removed from the property and mortgage and adding mine instead. His ex is in agreement to this and has signed all relevant documents. Transfer of equity is going through when bang, we receive a letter from a debt collection agency saying that his ex has a debt that she's not paid and so they've placed an intrim*charging*order*on the house with a court date 1/2/16 to get a final charging*order.

We are obviously objecting to this, objections being property in no/negative equity. Myself having beneficial interest in the property. And the fact that my husband put down the deposit and has made each and every mortgage payment, we have bank statements to prove this.*

Now what I need to know is how likely is it'll we'll be able to stop the*order. And what should we expect from court tomorrow?

[Openlaw15]

Re: urgent help re charging order court tomorrow

this is a bit of a difficult situation but ill explain as best I can.
My husband owns our house with his ex partner, we live here with our two small children, his ex hasn't lived here for over 5 years. As there is no equity in the property we began the process of having his exes name removed from the property and mortgage and adding mine instead. His ex is in agreement to this and has signed all relevant documents. Transfer of equity is going through when bang, we receive a letter from a debt collection agency saying that his ex has a debt that she's not paid and so they've placed an intrim*charging*order*on the house with a court date 1/2/16 to get a final charging*order.

We are obviously objecting to this, objections being property in no/negative equity. Myself having beneficial interest in the property. And the fact that my husband put down the deposit and has made each and every mortgage payment, we have bank statements to prove this.*

Now what I need to know is how likely is it'll we'll be able to stop the*order. And what should we expect from court tomorrow?

Why on earth have you left this so late? Had you not removed your husband's ex from the property's title (ie ownership), it would have been protected by a joint tenancy: ie husband's ex and your husband held the property between them but until severance would have been no share for the creditor to claim an interest, via a land charge. As it is now, there is no joint tenancy, seemingly there are only tenant's in common which is not as strong protection for the property.

[Amethyst]

Re: charging order

Hiya, Apologies no one has posted any help for you you must be really worried about it xxx
Do you know whether your husband's ex defended the county court claim that arose from the debt and that was initiated by her failure to pay the CCJ ? Was she aware of the CCJ at all before the documents about the charge arrived ?
Do you know how much the debt is?

[Openlaw15]

Re: urgent help re charging order court tomorrow

this is a bit of a difficult situation but ill explain as best I can.
My husband owns our house with his ex partner, we live here with our two small children, his ex hasn't lived here for over 5 years. As there is no equity in the property we began the process of having his exes name removed from the property and mortgage and adding mine instead.

"His ex is in agreement to this and has signed all relevant documents. "

"Transfer of equity is going through when bang, we receive a letter from a debt collection agency saying that his ex has a debt that she's not paid and so they've placed an intrim*charging*order*on the house with a court date 1/2/16 to get a final charging*order.


We are obviously objecting to this, objections being property in no/negative equity. Myself having beneficial interest in the property. And the fact that my husband put down the deposit and has made each and every mortgage payment, we have bank statements to prove this.*

Now what I need to know is how likely is it'll we'll be able to stop the*order. And what should we expect from court tomorrow?

You say you haven't made it formal yet by applying to the land registry to remove her from joint ownership? If you haven't done this yet I believe the joint tenancy is still intact.

[Amethyst]

Re: charging order

The charging order will cause problems with the equity transfer, and that is likely why they have done it now. Before anything could happen with taking the ex's name off the house the debt will have to be paid. You could, if you can, pay off the debt for the ex to protect your home and the transfer of equity - is there any financial consideration being made to the ex for the transfer ? does she own any other property ? Can you come to an arrangement with her to pay you back ?

[Openlaw15]

Re: charging order

If there has been an interim charge put on the property, the debt must have been proven.

[Kati]

Re: charging order

I've merged your threads [MENTION=78986]torioc[/MENTION] xx

[Openlaw15]

Re: charging order

Deleted, mixed up 24 hour clock, hmm i know ha ha

[Amethyst]

Re: charging order

lol, Kati has just merged two threads, that's why I didn't see your post before I posted xxx

[Amethyst]

Re: charging order

testtttt - i am posting here at 3.17 pm

Posts are put on 2 hours ahead

Ahh I'll go change your clock... it happens occassionally and jump to Cairo time zone.