Threshold introduced for charging orders

[greymatter]

Re: Threshold introduced for charging orders

Hi SaltnVinegar
I have read similar,and agree.
So the bastewards have not got it all their own way.
If you have a joint property and no CCJ/CO and no mortgage,whats stopping a simple transfer to your spouse of the property.
Dont forget the loans/credit cards were taken out as Unsecured!!

[SaltnVinegar]

Re: Threshold introduced for charging orders

Does this have an effect on property held in joint names I wonder? As I pointed out in another thread I have it on good authority from our solicitor (recently moved house) that its is not possible. They can only obtaina restriction which ain't worth jack shite.

As far as I'm aware as soon as the interim Charging Order is obtained it should be protected by registration at the Land Registry.

The protection offered by the registration then depends on whether the property is solely owned by the debtor or jointly owned.

If owned solely by the debtor then the Charging Order takes effect as an equitable charge over the estate and takes priority over a subsequent legal mortgage.

If, however, the property is owned jointly then the Charging Order cannot takes effect as an equitable charge over the estate but over the debtor’s beneficial interest in the property which means that it can be overreached.

In laymans terms this means, theoretically, that the property can be sold free of the Charging Order and there is very little that can be done to protect the creditor’s interest.

There is also a priority which ranks equitable charges such as Charging Orders in order of the date of creation so if you have more than one CO then the time of the Order will be relevant and first in time will rank in priority over those granted later.

Of course if you defend an application for a CO then one of the arguments should be that other creditors could be "unduly prejudiced".

There is also an interesting argument which you could use in conjunction with the "undue prejudiced" argument, relevant to this thread and the e-petition, which is could the creditor have offered or given you a secured loan when the loan was given in the first place, and, instead, offered you an unsecured loan?...........................

However.................when you sell your home you need to get a solicitor who either understands this, and will follow the process so that the creditor only gets informed of the sale when its too late.

I hear of many cases where solicitors are unaware of how it works, or perhaps are just 'anti - debtor'.

Best
SnV

[greymatter]

Re: Threshold introduced for charging orders

Signed

[Adinuff]

Re: Threshold introduced for charging orders

CAGNIDDY
What we all think of CAG
And more.....

Basically Niddy was doing a better job than they were doing and they didn’t like it so they banned him (as they do with most other members they find out are on here also)
So he created AAD to help people.

Hi everyone,
I get the picture now. I'm soo glad I was saved from CAG by one of our members. Was getting contrasting advice and sometimes no advice. You would think CAG would look after there valued members not ban them. As too the charging order debate I didn't think there was threshold before and creditors and DCA's just did as they pleased. I only wish I had AAD 5 years ago when I had a charging order put on my property. Was advised by Payplan at time just too turn up and accept everything because it was my fault. At the time I was just happy not too lose my house. Just a question my wife and I are carers from my brother who has severe learning disabilities. Could we have the charging order removed because of danger of losing house and him being vulnerable?

Adinuff

[Scrappy Coco]

Re: Threshold introduced for charging orders

All signed by me and the mrs

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: Threshold introduced for charging orders

That's cos they are pretty crap though. They have less than 10,000 active users, the 34,000 or whatever they claim was long before bank reclaims and the OFT test case went tits up.

After that, they have hardly any posters. Not surprising really.

You also forgot to mention the crap advice they have been handing out which has dropped more than one cagger in the shite while running for the hills when it goes tits up

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: Threshold introduced for charging orders

Morning all,

This is just another instance of the current old boys club keeping their future employers happy in my honest opinion. Not that it counts for much.


I will be more than happy to approach my local MP on this matter if that helps at all. Will point out that once again another policy has been reneged on as per usual.


Does this have an effect on property held in joint names I wonder? As I pointed out in another thread I have it on good authority from our solicitor (recently moved house) that its is not possible. They can only obtaina restriction which ain't worth jack shite.


Thanks as always




Scrappy Coco

[pooky2483]

Re: Threshold introduced for charging orders

Remember I'm after Marlin so need to finalise the new consumer-revenge site

ooo... watch this space.
Gonna be great watching Niddy rip Marlin a new asshole post by post.

[pooky2483]

Re: Threshold introduced for charging orders

CAGNIDDY
What we all think of CAG
And more.....

Basically Niddy was doing a better job than they were doing and they didn’t like it so they banned him (as they do with most other members they find out are on here also)
So he created AAD to help people.

[pompeyfaith]

Re: Threshold introduced for charging orders

Indeed m8

[Never-In-Doubt]

Re: Threshold introduced for charging orders

I put 1yr. Why rush? Let's do it properly yea?

[pompeyfaith]

Re: Threshold introduced for charging orders

Indeed you have set a long end date so plenty of time to up the anti

[Never-In-Doubt]

Re: Threshold introduced for charging orders

There's no rush matey. When we send newsletter it'll highlight ALL our new sites and features. As part of it there will be links to our complaints etc.

Give us a month mate. Remember I'm after Marlin so need to finalise the new consumer-revenge site

[pompeyfaith]

Re: Threshold introduced for charging orders

Yea but won't

We try not to as it could be construed as spam - we will be sorting a newsletter shortly and will add it to that mate

I admire your reasoning to good for your own heart

[Never-In-Doubt]

Re: Threshold introduced for charging orders

Niddy can you send a group email to all members as that may entice them to come here and sign?

Yea but won't

We try not to as it could be construed as spam - we will be sorting a newsletter shortly and will add it to that mate