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  • #16
    Re: Court next month

    If the property is owned jointly the Charging Order takes effect only over your beneficial interest in the property which means that it can be overreached, i.e. effectively the property can be sold free of the Charging Order and there is very little that can be done to protect the creditors interest.
    Legal Disclaimer
    I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

    If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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    • #17
      Re: Court next month

      Originally posted by josie888 View Post
      If the property is owned jointly the Charging Order takes effect only over your beneficial interest in the property which means that it can be overreached, i.e. effectively the property can be sold free of the Charging Order and there is very little that can be done to protect the creditors interest.
      Good news then!
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      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      • #18
        Re: Court next month

        Thats interesting "Josie"! Regarding this "C/O"...As soon as this was granted the following week MBNA sent a letter stating that they had sold the account.

        One question I have is.."Does that C/O still stand I wonder in law as it was granted to MBNA or should the new account owner apply for transfer or what as I would have thought as it stands the new account owner can't take a C/O over without notifying or requesting the Court for transfer? Just wondered please "Josie"

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        • #19
          Re: Court next month

          Originally posted by wmr View Post
          Thats interesting "Josie"! Regarding this "C/O"...As soon as this was granted the following week MBNA sent a letter stating that they had sold the account.

          One question I have is.."Does that C/O still stand I wonder in law as it was granted to MBNA or should the new account owner apply for transfer or what as I would have thought as it stands the new account owner can't take a C/O over without notifying or requesting the Court for transfer? Just wondered please "Josie"
          If the Deed of Assignment covers it then it may be possible for the assignee to seek to be substituted on the charging order pursuant to CPR 19 and then notify the Land Registry who would update their records.
          Legal Disclaimer
          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

          Comment

          • #20
            Re: Court next month

            Originally posted by josie888 View Post
            If the Deed of Assignment covers it then it may be possible for the assignee to seek to be substituted on the charging order pursuant to CPR 19 and then notify the Land Registry who would update their records.
            f the Deed of Assignment covers it then it may be possible for the assignee to seek to be substituted on the charging order pursuant to CPR 19 and then notify the Land Registry who would update their records.

            Thanks Josie: I would have thought that MBNA should have sent me copy of Assignment and/or "Land Registry" should notify myself that their records had been up-dated . No such advice from anyone.

            Possible I would need to contact "Land Registry" for clarification?

            I realise at present I have no worries but always better to "cross" Ts..and "dot" "Is"?

            Comment

            • #21
              Re: Court next month

              Originally posted by wmr View Post
              or "Land Registry" should notify myself that their records had been up-dated . No such advice from anyone.

              Possible I would need to contact "Land Registry" for clarification?

              Room Service

              https://propertyalert.landregistry.gov.uk/

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