Recent Change in issuing Charging Orders

[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

[Spent2much]

Re: Recent Change in issuing Charging Orders

what is the balance btw...?

It's roughly £5150 to date .

[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.

[Never-In-Doubt]

Re: Recent Change in issuing Charging Orders

yep and this is why my husband is fighting to get the payment reduced to a £1.00 a month so the bastards have to wait for their money , i doubt the judge will agree though .

what is the balance btw...?

[Spent2much]

Re: Recent Change in issuing Charging Orders

It's shite isn't it...?

yep and this is why my husband is fighting to get the payment reduced to a £1.00 a month so the bastards have to wait for their money , i doubt the judge will agree though .

[Spent2much]

Re: Recent Change in issuing Charging Orders

Hi Rizzle
So does this mean that if they get a CCJ,then immediately after or even at the same time(bloody hell)they can get a CO.
So with the devious methods already employed by OC/DCA to obtain a CCJ this would appear to make them 'bullet proof'
GM

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 .

[Never-In-Doubt]

Re: Recent Change in issuing Charging Orders

this would appear to make them 'bullet proof'

they already are - depends on the judge mate.

[Never-In-Doubt]

Re: Recent Change in issuing Charging Orders

we did well my husband did he went to court but it was still granted. At the time Eversheds refused payment there wasen't even a ccj in place they really did do that on purpose to get a charge on the house.
Hubby even sent Eversheds a CCA request but unfortunatley he put the wrong ref number on the letter and Eversheds wrote back saying they didn't have any knowledge of that account and it gave them time to go for the ccj/forthwith .
Niddy at that time we never had you and this forum to help us or i am sure Eversheds wouldn't have got that charge if we were on here .

It's shite isn't it...?

[greymatter]

Re: Recent Change in issuing Charging Orders

Hi Rizzle
So does this mean that if they get a CCJ,then immediately after or even at the same time(bloody hell)they can get a CO.
So with the devious methods already employed by OC/DCA to obtain a CCJ this would appear to make them 'bullet proof'
GM

[Spent2much]

Re: Recent Change in issuing Charging Orders

4 years ago they got a CCJ then added a charge when refusing two agreed payments?

Why didn't you defend the CO application?

we did well my husband did he went to court but it was still granted. At the time Eversheds refused payment there wasen't even a ccj in place they really did do that on purpose to get a charge on the house.
Hubby even sent Eversheds a CCA request but unfortunatley he put the wrong ref number on the letter and Eversheds wrote back saying they didn't have any knowledge of that account and it gave them time to go for the ccj/forthwith .
Niddy at that time we never had you and this forum to help us or i am sure Eversheds wouldn't have got that charge if we were on here .

[Riz]

Re: Recent Change in issuing Charging Orders

As far as I understand......

The new provisions from 1st Oct mean that on any CCJ granted after that date, you do not need to be in arrears of a payment agreement before the creditor can apply for a charging order.

This was happening anyway in a lot of cases via the back door. e.g. judgement granting them anyway or to a forthwith judgement so that you inevitably fail to be able to pay.

However, the creditor may be able to apply for a CO, but that doesn't oblige the court/judge to grant one.

Plus the normal caveat applies that even with a CO in place, the creditor would be prevented from applying to enforce any charge as long as you don't miss payments after that.

[Never-In-Doubt]

Re: Recent Change in issuing Charging Orders

This is what i don't understand Niddy, when Eversheds got their charge on our property we didn't miss a payment as we had started with payplan who sent them two payments and Eversheds deliberatly refused to accept payment so they could apply for a ccj/forthwith charge on the house, i just don't understand how they could do that, we are really pissed off about this four years down the line as we firmly believe Eversheds were deceitful .

4 years ago they got a CCJ then added a charge when refusing two agreed payments?

Why didn't you defend the CO application?

[greymatter]

Re: Recent Change in issuing Charging Orders

Thanks Niddy

[Spent2much]

Re: Recent Change in issuing Charging Orders

its only affecting those with CCJ's that fall into arrears isn't it...?

This is what i don't understand Niddy, when Eversheds got their charge on our property we didn't miss a payment as we had started with payplan who sent them two payments and Eversheds deliberatly refused to accept payment so they could apply for a ccj/forthwith charge on the house, i just don't understand how they could do that, we are really pissed off about this four years down the line as we firmly believe Eversheds were deceitful .

[Never-In-Doubt]

Re: Recent Change in issuing Charging Orders

its only affecting those with CCJ's that fall into arrears isn't it...?