charging order

[torioc]

Re: charging order

If its unlikely to be removed or likely to cost us more money (court on Monday cost us £300, plus the £400+ we've already paid for the transfer) we couldn't do it.

[Openlaw15]

Re: charging order

If its unlikely to be removed or likely to cost us more money (court on Monday cost us £300, plus the £400+ we've already paid for the transfer) we couldn't do it.

Yep, it's a shame as you had a really good defence too. I studied property law so am shocked just how easy it is to get a charging order on someone else's property especially when the debt is not even in their name and the property was protected by a joint tenancy. Normally, if there is a joint tenancy, where a charging order/ bankruptcy is not affected., the joint tenants have to sever the joint tenancy in writing to their address. It's just shocking what these county courts do...even though they're the lowest courts in the land!

[Amethyst]

Re: charging order

It's just shocking what these county courts do...even though they're the lowest courts in the land!

It is, isn't it.... we've been trying to tell you that xxx

[Openlaw15]

Re: charging order

It is, isn't it.... we've been trying to tell you that xxx

Hmm, I know...especially when these interim charges are looked at in bundles...it's just disgraceful.

[Amethyst]

Re: charging order

Other option - Sue the ex for payment of this money, it is likely to go to default judgment, then apply for attachment of earnings. However I believe you could only do that after paying her debt off to enable your house transfer to go ahead. First step would have to be talking to the ex and getting an agreement in writing that you pay the debt off and she repays you at x a month. Then if she breaches that agreement you could sue and obtain an AoE.

But that is only if you pay off the debt - which sounds like it might not be possible.

[torioc]

Re: charging order

Yeah the only way we could pay off the debt is to take some more money out against the house, which she'd have to apply for with my husband with her name still being on the property/mortgage. And then once that's paid we could go ahead and send the transfer papers off to the land registry, that's if the charge is lifted before June when the mortgage transfer offer expires.

[Openlaw15]

Re: charging order

can I have a link for that OL (I'd like to read the whole thing)??

Kati the County Court judges are therefore giving creditors Charging Orders based on economics' questions and not the law, as they're supposed to follow.

[Amethyst]

Re: charging order

This might be a useful reference case OL - http://www.bailii.org/ew/cases/EWHC/Ch/2009/317.html

[Openlaw15]

Re: charging order

This might be a useful reference case OL - http://www.bailii.org/ew/cases/EWHC/Ch/2009/317.html

I read the case - it was joint tenancy of an expensive property (500k), one JT took high risk business ventures. Joint tenants and debt: debt in one name only. Under s.14, ToLATA 1996 judge considered innocent person (other JT) rights to the property against the charge order. Although HC judge gave priority, a well worded assignment of the equitable interest, ie 'i no longer own any equitable interests in this property' may be sufficient. On the facts the final charge was already on the property, so before the equitable assignment in wife's favour. The County Court judges are seemingly not weighing up the interests for JT by way of ToLATA for co-ownership.