Charging Orders

[webbabe]

I bought my property in 1989 with my then partner.  He got into some financial difficulties (without my knowledge) and therefore two charging orders were attached to his part of the property by finance companies.  He left the property nearly 13 years ago but has totally ignored my letters and will not contact the companies concerned to find out what is happening with these orders.  The companies involved will not talk to me as it is confidential between them and my ex-partner therefore I can find nothing out but am still living at the property with my daughter.  As the companies involved have not contacted either myself or my ex-partner regarding these orders for over 10 years does this mean that they are no longer going to hold them over the property.  The property was in negative equity when they were taken out but has had positive equity for a number of years now.  I really want to be rid of them as it is stopping me getting any credit/loans/bank account and therefore I cannot keep up home repairs etc as I am on my own with my daughter (I do work full time). I need to know where I stand legally with these orders as I cannot afford to go to a solicitor.

[Didwot]

This is one that really would have been better dealt with 13 years ago, when the property was in negative equity. However the charging orders attach only to your ex partners interest in the property, so the downside is perhaps onky half, or possibly even less. You must ensure that the property is transferred into your sole name, at an early date, or you could find the whole situation happening again. Now for the answer to your question. A charging order is an order of the court to secure a judgement, so in fact the information is not confidential at all. You can find out from the land registry the details of the judgements, by asking for copies of the declarations that were lodged when the charging orders were registered. youi can thne get copies of the judgements from the relevant court. The land registry may want you to fill in froms OC2 to get the information, and ask for a fee of �4.00 per item. The court will need to know the case name and number. The bad news is that judgements last for ever, and so do charging orderrs. Youiu may be able to get some free advice from your local CAB.

[Sludge]

1. The Charging Orders are of no concern to you, and you should not waste further time, money or thought on them. Your ex can dispose of any cash arising from his share in the property in just whatever way he likes, it is nothing whatsoever to do with you.

2. More importantly, from the way that you write are you absolutely sure that you have a legal share in the property? Only the name(s) entered on the Land Register count. To check click this link

http://www.landregisteronline.gov.uk/servlet/TitleSearchServlet

and follow the instructions (you need only enter the address and postcode). You wish to see the Register, it costs �2, make a copy to keep. If your name is there if you would care to post here whether the property is held in joint tenancy or tenancy in common I will then make further hopefully helpful important comment.

3. You have 3 choices

(a) leave matters as they are

(b) agree with your ex to sell the property, put your share on a new place in your own name and start again, or

(c) apply for a Court Order forcing your ex to (b)

There is no other way.

 

 

[Maud]

If someone is posting under the name Sludge, apologies for the above. I had trouble signing in last night, and when I submitted the contribution above it took a long time to appear, and when it did it erroneously carried the name Sludge! The attribution should have been to me, Maud.

[Not sure how that happened, Maud (and Sludge). If there are further examples, please contact us with details. Thanks. --AB Editor]

[kingofbedsit]

Allow me to put my 2 bobs worth in.

I am a debt collector and love charging orders and specialise in using them to ensure that all debts are cleared .....in full.

But be aware you cannot get them released as Maud/Sludge says BUT if its over �5k interest it is also accruing at a reasonable rate set out by the court.