Lloydstsb going for CO **LOST**

[lilly white]

May i asked

 

1/ the debt is in joint names is the property in joint names

 

2/ also where is the cca please post it as a single post

[lilly white]

ok i have seen the cca where is your signature

[lilly white]

Hi all.. sorry its taken so long to get back to you.... My ex had the phones cut and the net... have just got the phone back on.

I have spoken to lloyds and they say I need to rais £8200 as a settlement...

They are not going to put a repossession order on the house, but will prevent me selling until the debt has been paid.

I suggested that they have a letter from my solicitor stating they will clear the debt as soon as the house is sold from my equity... and they have asked me to send them a personal financial statement...

I have already sent one to the court, which lloyds say they have not received..

I dont know how to put a stay on the case due to the lack of a signed agreement.. but would appreciate some help with my defence, which I have to get sorted quite quickly...

I still have no internet, and have to use a friends until my daughter can sort something out for me.

 

if it was me i would go for a set a side

[1littleduck]

Hi...

My signature is not on any of the paperwork, and the house is in joint names, but we were not married.

How would I put in a stay... do I write to the court where it has now been transferred to...I'm just not sure how to do all this

[1littleduck]

Sorry... a set aside

If there is no signature, can they still get the charging order?

[lilly white]

May i now ask when was the loan taken out

 

 

1. Then, sl27(3) provides, in relation to agreements made before 6 April 2007, as follows:
   
   "The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

   
   

[lilly white]

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.

[lilly white]

Charging Order? The myth - MoneySavingExpert.com Forums

[lilly white]

http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html

 

thanks to vjohn

[lilly white]

ok a lot to take in however

 

Take some time reading what has been posted.

 

So if you have a case go for the setaside that will stop the charging order in its tracks however a long battle

 

Read the vjohn set aside tread and see how it works

 

May i wish you the best of luck

 

 

lilly white

[1littleduck]

Hi all...

I believe the loan was first taken out at the bank sometime in 2001, then it was topped up on line in 2005/6 not quite sure of the dates..

I will read the thread and set started on the set aside... thank you all.

[underdog13]

any updates on this?

[Abby25]

What happens where the occupants are married, but the property is only registered in one name, i.e the same name as the debtor e.g the husbands name?

 

Doesn't the wife have automatic 50% legal share of the property if they are married, if its also the joint marital residence?

 

And therefore the OC wouldn't be able to get a charging order but only a restriction order as its legally classed as a jointly owned ?

[debt4get]

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

 

have a look here

[keefyboy]

Just for your info when I divorced my wife a few years back, the house was in my own name only, when we went to court the judge asked why it was in my name only, and I told her that my wife had already got a mortgage on a house she was letting out to someone. The judge ordered that because she could get a house easier than me and because of my medical conditions (I had just had 2 heart attacks) she awarded the house completely to me and told her that she could not claim half because of the above with my circumstances (I had already gotten letters from Letting agents stating that they would not be able to help me rent a property because the I would not be able to get an insurance policy covering the rent if I fell ill, and because of my heart attacks, a letter from the council stating that at minimum it would be anything up to 5 years to give me a flat or bungalow, even though I would be No 2 on their priority list) and because she had contributed nothing towards the buying or paying for it. She told her that she was not automatically entitled to half of the house, it depends on the circumstances at the time that have been submitted to the court for the case.

 

She did afterwards try and make a claim on the house (charging order for half if it was sold) but her solicitor told her that because of the conditions on the decree Ni Si made by the female judge, she could not submit this claim.. So it is not automatic that the partner gets the half of the house.

 

I hope this information helps you, but do remember that each case is different and would be viewed differently.

[1littleduck]

Hi...

I am being taken to court by the TSB for a loan I took out many years ago.

I have done the cca request and now have had the following sent to me.. I am totally lost as to what to do now..

I only have 2 days to reply, luckly the courts are in my town only a few mins away.. can anyone help me with a reply?

http://i748.photobucket.com/albums/xx125/1littleduck/t5.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/t4.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/t3.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/t2.jpg

http://i748.photobucket.com/albums/xx125/1littleduck/t1.jpg

[harrassed senior]

I have requested your thread to be moved to legal for more specialized help.

[MARTIN3030]

Thanks-now moved.

[1littleduck]

Hi all... sorry for no reply.. TSB got the charging order on the property.. this was because I simply could no fight everyone and my ex-partner is getting nastier all the time. Can only hope it will be all over soon.

Thanks for your help on this one, sorry I have let you all down

[1littleduck]

Thank you martin

[AndyOrch]

Complete the N265 then

 

blank form N265 - List of documents: standard disclosure

 

Andy

[Deb T]

You haven't let anyone down, you're up against it simple as that, don't despair, there is light at the end of the tunnel, might be dim and distant right now but it will come to you.

[1littleduck]

Thank you for the form.. I have none of the documents only a few letters and the court papers they sent me.. I dont have the agreement as they have not sent me one.. what do I put in the boxes please. This looks like the same form that they have completed.

[AndyOrch]

Littleduck

 

Its part of the process for both parties to exchange lists simultaneously.That is why you have received the Court Order, if you dont comply by the 21st, they will strike out your defence and you will be landed with a CCJ.List on your N265 anything you will be relying on or referred to in your defence.From their list request anything you may wish to inspect or need of use to your case.Email it across to the Claimants Sols and file at Court on time otherwise you will lose.

If you dont follow the timetable and Court Orders you risk your case.

 

Regards

 

Andy