our house

[PlanB]

Re: our house

A notice or restriction does not impose an obligation to make payment when the property is sold. However if the judgment debtor (or any one of the co-proprietors) attempts to dispose of the property, the District Land Registry will advise the claimant of the interest in the property.

But the restriction will show up at the legal searches stage during conveyancing, and the buyer's solicitor will often refuse to exchange/complete on the sale unless the vendor's solicitor gives an legal undertaking that the debt will be satisfied on completion. The solicitor (for the vendor) will then refuse to give an undertaking (which is legally binding on his firm) unless he has his client's instructions to pay the creditor.

But if you've seen it done dozens of times please PM me the law firms who'll do it so I've got them on my speed dial if ever I need one, but I hope you don't so I won't have to eat my hat

[vint1954]

Re: our house

interesting ............

Jointly owned property
It is not possible to register a charging order as an ‘equitable charge’ on a jointly owned property unless all the owners / registered proprietors are judgment debtors. Where only one of the owners / registered proprietors is the judgment debtor, the order will be registered as a ‘restriction’.

Agreed notices or restrictions
Since the Land Registry Rules 2003 took effect in October 2003, a charging order is registered as either an ‘agreed notice’ (shown on the register as an ‘equitable charge’) or a ‘restriction’. Prior to October 2003 where only one of the owners / registered proprietors was the judgment debtor, the order was registered as a ‘caution’. A caution served much the same purpose as a restriction. Any cautions registered before October 2003 will remain on the register.

A notice or restriction does not impose an obligation to make payment when the property is sold. However if the judgment debtor (or any one of the co-proprietors) attempts to dispose of the property, the District Land Registry will advise the claimant of the interest in the property.

[Deepie]

Re: our house

Suggest you eat your hat then PlanB.

It has been done many times. It is perfectly legal

interesting ............

[vint1954]

Re: our house

If anyone finds a solicitor willing to do this I will eat my hat. Even though the law and Land Registry says this is the case, solicitors have to abide by various other codes of conduct with convenancing transactions and they will always hide behind that annoying phrase "best practice" which means that they do what the SRA and the CML tell them when it comes to situations when a third party may feel prejudiced. Lawyers stick together at times like this

Suggest you eat your hat then PlanB.

It has been done many times. It is perfectly legal

[Spent2much]

Re: our house

I have just remembered something, when the ccj for my small account of £900 it was at the time , the ccj was granted and i was only paying £1 and payplan offered them £3.89 so as this was originally set at £1 i don't need to appy for it to be reduced i can write and tell lewis group that my income has dropped and i will have to go back to paying £1 a month .
thought sanyone please

[PlanB]

Re: our house

Hi Gangshield,

All that the land registry needs, is a certificate stating that the property is being sold.

You need to get the right solicitor though as some would just settle the debt, when they dont need to. Its all about the timing of the certificate. Our prferred solicitor would know when to time it.

If anyone finds a solicitor willing to do this I will eat my hat. Even though the law and Land Registry says this is the case, solicitors have to abide by various other codes of conduct with convenancing transactions and they will always hide behind that annoying phrase "best practice" which means that they do what the SRA and the CML tell them when it comes to situations when a third party may feel prejudiced. Lawyers stick together at times like this

[Spent2much]

Re: our house

Thats the spirit s2m

when i phoned the court the person i spoke to never really sounded bothered that i wanted to get a variation until i mentioned i was getting behind with the mortgage then she was really helpful and sympathetic , i wish i had known about this months ago we might be up to date with the mortgage if eversheds were not taking nearly £30 a month . If we can reduce them to £1 then that extra money will pay off the arears

[vint1954]

Re: our house

We can only a fford £1 and we will ask for the ccj to be reduced from £3.89 to £1 also , i have come to realise my home is priority .

Thats the spirit s2m

[Spent2much]

Re: our house

Just phoned the court and it is £40 to get a variation but because we claim working tax credits we don't have to pay the fee, the court will receive our offer and send Eversheds it , if they agree the court will make the order, if they don't agree there may be a hearing in which case the judge will decide .

[Spent2much]

Re: our house

Yes, you should apply to the court for a variation as noted further up on this thread. It could be as low as £1/month but you need to show the court that's all you can afford based on your I&E.
You do need a solicitor who is au fait with restrictions when you come to sell, we recently had a poster here who had to pay hers in order to sell the house as the solicitor she'd appointed wasn't helping and she was desperate to sell.

I don't think our preferred solicitors do conveyancing at all.

We can only a fford £1 and we will ask for the ccj to be reduced from £3.89 to £1 also , i have come to realise my home is priority .

[Spent2much]

Re: our house

Hi Gangshield,

Yes, as I posted earlier. All that the land registry needs, is a certificate stating that the property is being sold.

You need to get the right solicitor though as some would just settle the debt, when they dont need to. Its all about the timing of the certificate. Our prferred solicitor would know when to time it.

thank you great to know this , i need to get this payment reduced from £27.77 down to £5 or even £1 a month as my mortgage should come first and at the moment it isn't
I think i can get the fee waived as we claim working tax credits , wonder if £1 would be accepte

[The Tech Clerk]

Re: our house

wish I had known that decades ago.

[vint1954]

Re: our house

Then I have been informed/read somewhere that a joint mortgage, and charging order refering to one name, that on selling the solicitor etc would inform a company after the sale had gone thru, so too late for company to reap benifits as in most cases money used to purchase another property or spent, others may clarify this area?

Hi Gangshield,

Yes, as I posted earlier. All that the land registry needs, is a certificate stating that the property is being sold.

You need to get the right solicitor though as some would just settle the debt, when they dont need to. Its all about the timing of the certificate. Our prferred solicitor would know when to time it.

[The Tech Clerk]

Re: our house

Then I have been informed/read somewhere that a joint mortgage, and charging order refering to one name, that on selling the solicitor etc would inform a company after the sale had gone thru, so too late for company to reap benifits as in most cases money used to purchase another property or spent, others may clarify this area?

[Spent2much]

Re: our house

You would have to apply to the court for a set-aside and prove that the CO was applied unlawfully. To achieve this you would need written evidence of the solicitor's refusal to accept your payments. The court would also consider whether even if the charge was removed would the creditor be able to immediately apply for a CO again and would the outcome be the same. In other words the court doesn't like to waste time and costs on changing the situation if you'd only be back in the same situation a month later. So if the CCJ was a forthwith order but you were paying by instalments it wouldn't be easy because technically you would be in arrears. But if it was an instalment order which you kept to then you may have a point.

Having said that the distance in time from when this happenend is most important too. The court looks less favourably on applications for a set-aside which are more than 30 days after the original event, and in your case it would be four years.

Keep the idea in the back of your mind, but I think your first priority is to stabilise your mortgage situation.

agree with , this happened at a time when we were intimidated by dca and threats of our house being taken off us so the only thing to do at the moment is to ask the court to reduce the charge and the ccj as the charge is £27.77 a month which could be paying the mortgage .