Arrows/Carter CCJ - old MBNA Virgin Card

[tedney]

Hello Andy. So CCJ's that do not have charge on the property die with me? There will be some estate, so what about other debts not subject to CCJ's?

[dx100uk]

Even more so

 

Not sure where you are getting these ideas debt lives on if you don't

[tedney]

Hello DX

Ideas are from post 50. I don't know nor have done any research about debts of the dead!

[Andyorch]

1 hour ago, tedney said:

Hello Andy. So CCJ's that do not have charge on the property die with me? There will be some estate, so what about other debts not subject to CCJ's?

 

Yes if you leave no estate or very little to repay them.

[dx100uk]

and don't forget also restriction k's which many get confused as being full charging orders too.

 

if the debt is yours only

but the property is jointly owed.

 

doesnt need paying in most instances

[tedney]

Thanks Andy and DX

Charge on property was for Credit Card debt in my name, but at the time property was in joint names.

Weightman's got signature from my wife to agree charge on the property,

charge is shown on the Land Registry entry, before I knew of CAG and received bad advice from solicitor.

 

Debt has been reduced over the years, so charge value now less than original, but no statements received for some years, and debt sold on from Marbles/HFC to others, so not sure who would benefit now from charge?

 

I will have to look up file for who owns debt now, as stopped paying monthly a while back.

[dx100uk]

what is the wording of the charge...exactly please as written.

 

 

[tedney]

Hello DX

Here is the exact wording from the Land Registry Legal Charge of a Registered Estate form CH1:

1. Title Number: 123456

2. Property: My home address

3. Date 19th April 2007

4. Lender HFC Bank Limited P.o.Box 4716 Birmingham B1 3RD (Registered Number 1117305)

5. Borrower for Entry on the Register My Name and my wife's name     (BUT IT WAS SOLELY MY DEBT)

6. The Borrower with (full title guarantee) charges the property by way of legal mortgage as security for the sums detailed in panel 8

7. No X' s in either of the boxes: The lender is under an obligation to make further advances and applies for the obligation to be entered in the register. and The borrower applies to enter the following restriction in the proprietorship of the registered estate.

8. To secure the sum of £9817.15 only, such sum to be repaid by a schedule of repayments as may be agreed by the parties from time to time.

9.  Execution signed by myself and my wife and witnessed.

Weightmans got my wife to sign a consent form hereby agreeing and consenting to the charge, and agreeing to sign the CH! form.

 

They issued a Bankruptcy Petition to me. The sum on the petition includes costs for this even though the CAB requested they be removed.

Current Balance of Marbles debt £6492.52

[tedney]

Hello DX

Any views and/or comments on post 58 please?

Thanks

t

[dx100uk]

the finer points ...im not too good at..as it's a rare one.

but safe to say your mrs got done over by agreeing to it via a consent order?

 

i think this means its a voluntary charge on the home.

 

p'haps andyorch can further clarify tedney.

 

dx

 

 

 

[Andyorch]

 Section 2 of the Charging Orders Act 1979:

 

“2 Property which may be charged
(1) …………. a charge may be imposed by a charging order only on—
(a) any interest held by the debtor beneficially—

 

So your wife may have agreed to the charge by way of the consent order even if mislead but she has not acknowledged to being the debtor/borrower...therefore the charge is questionable and invalid and should be amended to a type K restriction....if its not already.

 

Andy

 

https://www.gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders

[dx100uk]

thanks andy.

 

dx