Recent Change in issuing Charging Orders

[Riz]

Re: Recent Change in issuing Charging Orders

Well it seems this process has always been allowed as i explained Eversheds applied for a ccj/forthwith which gave them the power to get a charge on our house and this was four years ago .

Yep,that was the previous way around it for them. i.e. get a sympathetic judge to make or change the CCJ to a forthwith order. Then when you inevitably cannot pay, they put the CO through.

This new provision just takes the risk of that being refused out of the picture. They can apply for the CO now regardless.

[Spent2much]

Re: Recent Change in issuing Charging Orders

what is the balance btw...?

It's roughly £5150 to date .

[greymatter]

Re: Recent Change in issuing Charging Orders

Hi,
Although there has been recent changes to the CO conditions,has there been any change regarding joint ownership but only one debtor?.

I have read a few articles regarding CO's and restrictions, this is an extract from an article re Land Registry Act Rule 2003: 'However, if the property was jointly

owned by the debtor with other non debtors,for example husband and wife owning the property and only one of them being the actual debtor, the creditor was not entitled to enter an agreed notice.
Instead the creditor could only file a ‘restriction’ at the Land Registry in the following terms: “No disposition of the registered estate is to be registered
without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [creditor...] being the person with the benefit of an interim/final charging order on the beneficial interest of [name of... debtor].”
Apparently this restriction was and remains pratically useless.

A change here would be worrying.
Greymatter