Threshold introduced for charging orders

[Scrappy Coco]

Re: Threshold introduced for charging orders

Hey SC,
just read the deeds and mine indeed says "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 HFC Bank Ltd at care of weightmans LLP being the person with the beneifit of an interim charging order on the beneficial interest of xxxxxxx xxxxxxxx xxxxxxxxxxx made by the xxxxxxxxxxx xxxxxxxxxxx Court on xxxxxxxxxxx court reference xxxxxxx" This charging order was imposed on my debt against a joint property held by my wife and i. She is not a debtor, so technically we can sell as we please and they can go xxxx themselves i take it?? This has made my day if it is the case and i have understood it right?? has come early

Adinuff

Morning,

As far as I am aware and what I have been advised by our solicitor that is correct.

As long the as house is in joint names and the debt only belongs to one of you and not a joint debt, then it's a resriction all the way.

If you do sell you house you need to find a solicitor that actually knows what he's doing as not to inform the creditor until AFTER you have sold, packed up the house and actually moved.

So in effect it's happy days and another victory for us.

Thanks as always

Scrappy Coco

[Never-In-Doubt]

Re: Threshold introduced for charging orders

Just to clarify even with a lowly restriction you still need a solicitor / conveyancer that is on the ball. Last year we had a user here with a restriction but she had to settle prior to sale as her (and the buyers) solicitor(s) didn't understand process and wouldn't complete.

Point is dont take anything for granted. You're assuming people know what they're doing which sadly isn't the case when you're talking about property conveyancing paralegals

[Never-In-Doubt]

Re: Threshold introduced for charging orders

Our formal e-Petition can be found here --> Change Charging Order Bankruptcy Thresholds - e-petitions

We need to quote this once per new page

[Scrappy Coco]

Re: Threshold introduced for charging orders

Just to clarify even with a lowly restriction you still need a solicitor / conveyancer that is on the ball. Last year we had a user here with a restriction but she had to settle prior to sale as her (and the buyers) solicitor(s) didn't understand process and wouldn't complete.

Point is dont take anything for granted. You're assuming people know what they're doing which sadly isn't the case when you're talking about property conveyancing paralegals

Cheers NID,

That's why I put the following

"If you do sell you house you need to find a solicitor that ACTUALLY KNOWS what he's doing as not to inform the creditor until AFTER you have sold, packed up the house and actually moved"

As my solicitor pointed out to me NOT everyone is aware and it has to be pointed out to them

Thanks as always

Scrappy Coco