Adinuff's UE Diary

[Adinuff]

Re: Adinuff's UE Diary

In answer to your question it stays till paid. End of. It won't go SB - it won't vanish - it needs paying. That's the ONLY way to get rid of it and because they already have the order, you'll struggle to sell unless you clear it first.

It was you who had limits to argue to charge - at the time. They aren't under any time restrictions.

Hi Guys,
Let me explain. The judge way back issued the creditor an INTERIM charging order when I went to court. If I failed to meet payments the creditor would then apply for a FULL charging order. Unbeknown to me the creditor just went ahead and applied for a FULL charging order without my knowledge and it was granted. I've rang the court and they confirm it was awarded but they don't have the court order as its over 6 years old. I've also asked the creditor to provide me a copy and to this date they haven't complied.
Now it gets interesting because although the creditor applied and got a FULL charging order they have not applied to Land Registry to have it registered. It still states that I have an interim charging order on my title deeds.
I have emailed JC (solictor) and she has said that if they can't provide court order I need to ask them to remove interim charging order because I haven't missed a payment in over 10 years.

Thanks

Adinuff

[PlanB]

Re: Adinuff's UE Diary

What's interesting is that you say the creditor (HFC?) has failed to provide you with a copy of the Final Charging Order. Even if they don't have it in their files, their solicitors should (Weightmans?) so they could easily get a copy.

You should have been given notice of the Final CO application hearing giving you the opportunity to contest it, and even if that got lost in the post you should have been sent the Final CO after the hearing by the court.

What are the odds of both of those important documents getting lost in the post

In order to register a Final CO with the Land Registry the creditor would have had to provide them a copy of the Final CO as proof.

Plan B x

[PlanB]

Re: Adinuff's UE Diary

Can I get them to remove interim charging order because I haven't missed a payment in 10 years to creditor?

Was the CCJ in 2006? I'm assuming this because you say you've not missed a payment in 10 years?

Was the CCJ a "forthwith" Order or an "instalment" Order?

If it was Instalment Order (for £10 per month) and you've not missed a single payment, then the Claimant/creditor would not have been entitled to a Charging Order since this was before 1st October 2012 when the rules changed.

https://www.citizensadvice.org.uk/de...arging-orders/

Plan B x

[Adinuff]

Re: Adinuff's UE Diary

Was the CCJ in 2006? I'm assuming this because you say you've not missed a payment in 10 years?

Was the CCJ a "forthwith" Order or an "instalment" Order?

If it was Instalment Order (for £10 per month) and you've not missed a single payment, then the Claimant/creditor would not have been entitled to a Charging Order since this was before 1st October 2012 when the rules changed.

https://www.citizensadvice.org.uk/de...arging-orders/

Plan B x

Hi Plan B,
The only paperwork I have is the interim charging order. I attended this hearing but never had a hearing for a Full Charging Order. And I was baffled to why they applied for full charging order if I never missed a payment. I think the interim charging order was granted in 2007. But I've been paying creditor since 2006 without fail.
I rang the creditors Solictors ( Weightmans)again today stating it has been nearly 4 months and they haven't found the file out of archives. I also asked them to remove the interim charging order because they can't furnish my request. The flat out refused and said they will try and find it. Keep banging my head a brick wall.

Thanks

Adinuff

[Pixie]

Re: Adinuff's UE Diary

I think I would be putting that to Weightmans in writing as phone calls can get forgotten.

[Adinuff]

Re: Adinuff's UE Diary

I think I would be putting that to Weightmans in writing as phone calls can get forgotten.

Hi Pixie,
Can you help me put a letter together. I'm not too good with letters.
Thanks

Adinuff

[Pixie]

Re: Adinuff's UE Diary

Hi Pixie,
Can you help me put a letter together. I'm not too good with letters.
Thanks

Adinuff

I'm not au fait with charging orders etc but I would just say what you said in post #304 when you phoned them, something along the lines of

Dear Sirs

As I have not yet received a copy of the full charging order on my property which I have requested in my phone calls to you, I am now giving you notice in writing that I am requesting a copy of the full charging order.

If you cannot supply this within 28 days I will apply to have the interim charging order removed as you /the original creditor* were not entitled to apply for a charging order because I have kept up payments for over 10 years.

* delete as appropriate

[Adinuff]

Re: Adinuff's UE Diary

I'm not au fait with charging orders etc but I would just say what you said in post #304 when you phoned them, something along the lines of

Dear Sirs

As I have not yet received a copy of the full charging order on my property which I have requested in my phone calls to you, I am now giving you notice in writing that I am requesting a copy of the full charging order.

If you cannot supply this within 28 days I will apply to have the interim charging order removed as you /the original creditor* were not entitled to apply for a charging order because I have kept up payments for over 10 years.

* delete as appropriate

Hi Guys,
Sent the letter to them regarding interim charging order removal and received there reply. I will list there points below:
1. We are unable to supply documents as its over 6 years old.
2. you were advised by telephone that a copy of FCO was forwarded by letter dated 9/1/2009
3. we have attached copy of attendance note from the hearing which was attended by our legal reps.
4. we enclose a copy of our correspondence on 05/10/06 which stated we would accept your proposals on condition you consent to a voluntary charge securing the debt against the property. As we received no reply from you we issued county court proceedings with a view to securing the balance against your property.
5. Following the proceedings being issued you agreed to consent to the charge to avoid proceedings.
6. Any attempt made by you to apply to remove charge against the property will be opposed until such time the full balance is paid.

This is about the crux of the matter at this point, Should I apply to court to have it removed?

Thanks

Adinuff

[MrsD]

Re: Adinuff's UE Diary

so essentially they haven't really done what you have asked?

How much of their version is true?

[Adinuff]

Re: Adinuff's UE Diary

so essentially they haven't really done what you have asked?

How much of their version is true?

Hi Mrs D,
I cant remember agreeing to have charging order against my property all I can remember is the judge said to me that if I don't pay I will have the Full Charging Order. The land registry deeds still state that its an interim charging order. Weightman's reckons its a full charging order.
They said they destroy all files after 6 years but seem to rustle up correspondence dated 2006. They have just typed up this letter themselves its not original.

adinuff

[MrsD]

Re: Adinuff's UE Diary

I doubt they have anything at all to be honest. So how much do you have still to pay? and why do you want it removed?

[Adinuff]

Re: Adinuff's UE Diary

I doubt they have anything at all to be honest. So how much do you have still to pay? and why do you want it removed?

Hi MrsD,
I'm paying £21.50 a month. Total outstanding is £8k. Need to remortgage to a better deal.

Adinuff

[PlanB]

Re: Adinuff's UE Diary

I cant remember agreeing to have charging order against my property . . . . They said they destroy all files after 6 years but seem to rustle up correspondence dated 2006.

Weightmans state that you consented to a CO. You say you don't recall doing that.

If you did consent then there would normally have been a Consent Order drawn up, signed by you, which would be filed at court so no need for anyone to attend the hearing which would have been vacated (to save costs). Unless it was only drawn up on the day before the hearing then the Claimant would send someone to the hearing to ask the DJ to rubber stamp the Order. In those circumstances you would not need to attend the hearing.

The solicitors say their agent did attend the hearing and have sent you a copy of their legal rep/agent's attendance notes. What does the agent say happened at the hearing?

To get to the bottom of this you may wish to send the firm a SAR so you'll know exactly what is and what isn't in their files.

Plan B x

[Adinuff]

Re: Adinuff's UE Diary

Weightmans state that you consented to a CO. You say you don't recall doing that.

If you did consent then there would normally have been a Consent Order drawn up, signed by you, which would be filed at court so no need for anyone to attend the hearing which would have been vacated (to save costs). Unless it was only drawn up on the day before the hearing then the Claimant would send someone to the hearing to ask the DJ to rubber stamp the Order. In those circumstances you would not need to attend the hearing.

The solicitors say their agent did attend the hearing and have sent you a copy of their legal rep/agent's attendance notes. What does the agent say happened at the hearing?

To get to the bottom of this you may wish to send the firm a SAR so you'll know exactly what is and what isn't in their files.

Plan B x

Hi PlanB,
My written request I sent recorded post was sent back today. The reason for return was "addressee gone away" But they obviously received my fax and email as the replied to that. There just playing sill buggers at moment.
Ive emailed you the correspondence so you can have a read. I will send the firm a SAR as well. I cant remember agreeing to the Charging Order that's not to say I agreed it was so long back now.

Thanks

Adinuff

[PlanB]

Re: Adinuff's UE Diary

Hi PlanB,
Ive emailed you the correspondence so you can have a read. I will send the firm a SAR

I've replied to your email.

Send a SAR to Weightmans solicitors.

Depending on what comes back you should ask Land Registry to provide you with a copy of the Final Charging Order (if it exists) or in the absence of that (a Final Charging Order) ask them to remove the Interim Charging Order.

The time lapse will help you regardless of your punctual payments.

Plan B x