Hello and assistance with charging orders on property

[XiFather]

Good afternoon,

I've stumbled across this great site via the MKDP selling to Hoist Portfolio thread https://all-about-debt.co.uk/forum/f...oist-portfolio

A background into the situation we currently find ourselves in. My Father-in-law has very recently passed away so we are in the process of gathering information of his estate.

We've performed a housing register lookup on his properties and his main residence which he has a mortgage on has a number of charging order restrictions (Joint proprietor non-spouse).

These charging orders relate to credit card debt he had in the past, which we were completely unaware of (he never carried a credit card in all the time i've known him). At present we don't know all of the information around where he had the debt or how much in total there is.

We believe he has one day back around 2010 decided to stop paying and stuck his head in the sand about it for the rest of his days. We have found a hidden and unopened court summons letter for 1 of the referenced cases from CCJ stage, as it's unopened we are assuming there was no defence made and the DCAs got awarded by default.

The COs listed on the register are:
- August 2013 - Interim charging order - MKDP LLP
- April 2014 - Interim charging order - Cabot Financial (UK) Limited (This is related to the case we found the summons for. Original credit provider was Bank of Scotland - marbles)
- Jan 2018 - Final charging order - Hoist Portfolio Holding 2 Limited

A CCJ check only returns 2 entries and matches 2 of the court references.

We are currently attempting to get details on the cases from the courts, along with an experian report but my inquisitive mind won't rest on the matters.

My questions are:
- Are the MKDP LLP and Hoist likely to be the same debt given only 2 CCJs present?
- Given we are now at the charging order stage are we too far through to contest the debts as unenforceable, given they've been enforced by the court?


Many thanks in advanced.

[Joanna Connolly Solicitors]

My Father-in-law has very recently passed away so we are in the process of gathering information of his estate.

We've performed a housing register lookup on his properties and his main residence which he has a mortgage on has a number of charging order restrictions (Joint proprietor non-spouse).

. . . . A CCJ check only returns 2 entries and matches 2 of the court references.

I'm sorry for the loss of your Father-in-Law.

In theory if a debt is unenforceable in life it's also unenforceable in death, depending on what stage the debt collection process has reached.

From what you say your FIL has several properties so did he leave a Will and is there an executor dealing with potential Probate issues?

Is the joint owner of the property which has the Restrictions on it also a beneficiary of the Will?

Is there an intention to sell the property in the near future?

A CCJ is only registered on the CRA files and Trust Online for six years from when it occurred, so the fact it's not showing on any public record (apart from Land Registry following enforcement) doesn't necessarily mean it didn't exist. However I think you are right to explore the history of these debts.

This is a very complicated situation so more information would help.

Di

[XiFather]

I'm sorry for the loss of your Father-in-Law.

In theory if a debt is unenforceable in life it's also unenforceable in death, depending on what stage the debt collection process has reached.

From what you say your FIL has several properties so did he leave a Will and is there an executor dealing with potential Probate issues?

Is the joint owner of the property which has the Restrictions on it also a beneficiary of the Will?

Is there an intention to sell the property in the near future?

A CCJ is only registered on the CRA files and Trust Online for six years from when it occurred, so the fact it's not showing on any public record (apart from Land Registry following enforcement) doesn't necessarily mean it didn't exist. However I think you are right to explore the history of these debts.

This is a very complicated situation so more information would help.

Di

Thanks for the reply Diana,

There is a 2nd property which was a cash purchase with his pension lump sump. There is a will and there are 2 executors, my partner being one of them, the joint owner of main residence being the other. We are currently valuing the estate prior to the probate process but were also investigating possible debts when these charges were noticed (and thus my worry).

The joint owner of the main property hasn't lived in the property for a number of years. We believe it is a joint tenancy mortgage, but are waiting for that to be confirmed and my understanding of those would be that the property would transfer to the surviving owner outside of the estate (however 40% of the value needs to be added to our estate valuation). The joint owner is listed in the will as the recipient of any 'beneficial interest' of the jointly owned property.

I believe the joint owner's intention would be to sell the property rather than live in it. I don't know the timeline for that at this point.

Is there a time limit after the CCJ is issued for them to enforce it with a charging order?

I'm probably trying to run into this and tie myself into knots, before we can walk and get eyes on the right paperwork here.