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Re: Adinuff's UE Diary
Hi Guys,
Not to worry. Hopefully someone will come along with some info. Wheres Niddy? On some paradise island he bought with all the donations
Also i have pasted a post from another site below. Hope its some help to people. think it may of already been covered on another thread.
Adinuff
I feel that this is so important that I thought a new thread should be made to highlight the importance of understanding the law on Charging Orders and how many people are stuck with their property in the false believe that they have had a Charging Order put on their property.
In particular the thousands of Northern Rock customers that have had unsecured debt turned into secured debt by their tactics.
If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction.
The laws on Restrictions are totally different to Orders, the most important being there isNO OBLIGATION for you to pay any of the proceeds of the sale to the creditor.
However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO.
However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them
Quote:
Restriction
The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :-
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 [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the(name of court) on (date) (Court reference.…).
You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer, we will not ask to see the consent of the person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.
If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.
So I hope I have provided benefit to everyone who has had a restriction entered against them (especially NORTHERN ROCK CUSTOMERS) who believe wrongly that they are Charging Orders.
You now have the freedom to go and sell your houses with the knowledge that the vultures can do nothing
I also think this VERY IMPORTANT point needs highlighting by the moderators as many many people are stuck with houses that they believe they cannot sell
The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :-
No disposition of the registered estate is to be registered without a certificate signed
No sale of the house can be completed without a signed letter in the format prescribed
by the applicant for registration or his conveyancer that written notice of the
by the people selling or their solicitor
disposition was given to [name of person with the benefit of the charging order] at
stating that notice is given to Northern Rock at their registered head office address
[address for service], being the person with the benefit of [an interim] [a final] charging
being the creditor who has a secured charge on the property
order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date)(Court reference.…).
of the debtor who has the CCJ at the court blah blah
we will not ask to see the consent of the
We dont need diidly squat from Northern Rock or need to inform them of the pending sale
person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.
All we need is the letter confirming that Northern Rock has been informed of the date of completion
If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.
On completion date Northern Rock can swing on my finger and wave goodbye to their fake seurity
I hope this helps to the PM
Hi Guys,
Not to worry. Hopefully someone will come along with some info. Wheres Niddy? On some paradise island he bought with all the donations
Also i have pasted a post from another site below. Hope its some help to people. think it may of already been covered on another thread.Adinuff
I feel that this is so important that I thought a new thread should be made to highlight the importance of understanding the law on Charging Orders and how many people are stuck with their property in the false believe that they have had a Charging Order put on their property.
In particular the thousands of Northern Rock customers that have had unsecured debt turned into secured debt by their tactics.
If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction.
The laws on Restrictions are totally different to Orders, the most important being there isNO OBLIGATION for you to pay any of the proceeds of the sale to the creditor.
However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO.
However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them
Quote:
Restriction
The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :-
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 [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the(name of court) on (date) (Court reference.…).
You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer, we will not ask to see the consent of the person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.
If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.
So I hope I have provided benefit to everyone who has had a restriction entered against them (especially NORTHERN ROCK CUSTOMERS) who believe wrongly that they are Charging Orders.
You now have the freedom to go and sell your houses with the knowledge that the vultures can do nothing
I also think this VERY IMPORTANT point needs highlighting by the moderators as many many people are stuck with houses that they believe they cannot sell
The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :-
No disposition of the registered estate is to be registered without a certificate signed
No sale of the house can be completed without a signed letter in the format prescribed
by the applicant for registration or his conveyancer that written notice of the
by the people selling or their solicitor
disposition was given to [name of person with the benefit of the charging order] at
stating that notice is given to Northern Rock at their registered head office address
[address for service], being the person with the benefit of [an interim] [a final] charging
being the creditor who has a secured charge on the property
order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date)(Court reference.…).
of the debtor who has the CCJ at the court blah blah
we will not ask to see the consent of the
We dont need diidly squat from Northern Rock or need to inform them of the pending sale
person who has the benefit of the charging order. We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.
All we need is the letter confirming that Northern Rock has been informed of the date of completion
If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.
On completion date Northern Rock can swing on my finger and wave goodbye to their fake seurity
I hope this helps to the PM
Adinuff.
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