Originally posted by Flowerpower
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Charging Orders & Tenants in Common
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Re: Charging Orders & Tenants in Common
You can become tennants in comman rather than joit tennants in a property.
This is usually a 50-50 split and would need to be done by a solicitor. There would in all probability be an option to have an unequal split, however I susspect that the mortgage company would have something to say about this, so it would have to be a property without mortgage.
There are also firms that transfer equity in a property from one person to another, but you would have to pay a fair amount for the equity transferred to you. Again, I would imagine that if you have a joint mortgage, this would be impossible.
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Re: Charging Orders & Tenants in Common
Originally posted by FlowerpowerI'm an ex-CAGger myself, banned for almost a year now!
CAG - well, ermmmm. Ok, time to move on eh!
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Re: Charging Orders & Tenants in Common
Originally posted by Seamus View PostThanks for the heads up, I was counting Paul as AAD!
S
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Re: Charging Orders & Tenants in Common
Originally posted by planB View PostPlan B did nothing spectacular
To me that is rather spectacular, so take the plaudits - I would
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Re: Charging Orders & Tenants in Common
Originally posted by planB View PostI think that should read "Great work Paul's firm and AAD!"
Plan B did nothing spectacular except send a s.78 request and keep a paper trail
The AAD Method works
S
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Re: Charging Orders & Tenants in Common
Originally posted by Seamus View PostGreat work PlanB and AAD!
S
Plan B did nothing spectacular except send a s.78 request and keep a paper trail
The AAD Method works
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Re: Charging Orders & Tenants in Common
Great work PlanB and AAD!
S
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Re: Charging Orders & Tenants in Common
Originally posted by Seamus View PostIs there a write up on PlanB's latest success on here, I fancy reading something uplifting for a change!?
S
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Re: Charging Orders & Tenants in Common
Is there a write up on PlanB's latest success on here, I fancy reading something uplifting for a change!?
S
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Re: Charging Orders & Tenants in Common
Originally posted by FlowerpowerWhilst this subject is very interesting for the purpose of the forum as a whole, particularly for those who already have a restriction on their property (hence the reason for this debate), from a personal point of view for yourself, it hardly seems worth the trouble. It's all a bit academic when you haven't even got a restriction yourself in the first place!
You'd be better served concentrating your efforts on avoiding a CCJ in the first place, as once they've got one, there are many ways in which they can be enforced and, even when they drop off your file, they never go SBd as such. The UE process followed here works in the vast majority of cases, where the account never goes near a court. Even if it reached the court stage, many claims can be successfully defended as Plan B could well tell you, being one of our latest winners.
In the unlikely event you reached the court stage AND the claim looked difficult to defend, there are still ways to avoid a CCJ such as a Tomlin order.
Frankly, unless you already own a property with a restriction, it's hardly worth the trouble of digging so deeply into how to avoid paying something you may never even get!
S
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Re: Charging Orders & Tenants in Common
Originally posted by planB View PostOf course this all presumes that once you've sold your home you will never buy or own another one ever again, because what is to stop the frustrated creditor applying for a CO (Restriction) on any subsequent property or asset you ownThe debt doesn't evaporate even if you are successful in wriggling out of the Restriction (and I genuinely hope some people can) it remains as the original CCJ.
Although it's rare for a Claimant to get an attachment of earnings against a Defendant due to non-payment of a CCJ, what would the DJ think if asked to order an attachment of earnings because the Defendant has been seen to avoid the original CO (Restriction) ordered by a court
Please don't misunderstand me, I'm a passionate supporter of not paying creditors whenever possible. At the same time I don't want to lull people into a false sense of security
As for buying another property, if it was me who successfully sold with a restriction, any further property purchases would be in my wife's name as she has a perfectly clean credit file, unlike me. I would make sure that I never owned anything that could have a charging order slapped on it.
S
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