OH's Charge on joint property/Car Lease Agreement - how does this effect us?

[Scrudge]

Hi,

all the charges are in my husbands name

I did not know about them until they had already gone to court and been put on the property,

they have been on the house since 1997

 

heard nothing from two of them no request for payment or anything since 2000

 

but one is with Adams & Sons and they contacted my husband last year

 

have a lovely letter from them saying that they are going to get a local estate agent to drive passed my house to do a valuation

 

then try to force me to sell it

 

their charge is for £5000 offered them £2000 but they said no and havnt heard from them since.

 

scrudge

[Scrudge]

oops

just checked a print out I got from my mortgage company

 

Lombard Business Equipment put one on in 1999

 

then another in 2000,

 

Adams & Sons got put on in 2003.

 

The house is in joint names

 

though all these charges are in husbands name only

 

cant be sure what correspondence he got prior to them going on as he got so bogged down he stopped opening post

 

things got into such a mess I took over dealing with all the debts so to keep the wolve's from the door

 

put all unsecured ones with CCCS

 

only now have I started going through everything

 

one of them and questioning things,

 

thanks to this site learning new things everyday

 

and that I have rights but still very unaware and hate the threaten letters.

[Scrudge]

Hi please can anyone give me some information with regards to an old charge on my home,

 

the property is jointly owned and the charge is in my husbands name only

what happens in the event that my husband die's

 

can the property not be transferred into my name until the charge is satisfied

or can legally the company that has the charge not prevent this as the property is still mortgaged

and I would be liable for the mortgage therefore can they not stop my mortgage company transferring the property into my name only.

 

Would appreciate any advice or info

 

Thanks

 

Scrudge

[dx100uk]

I would suggest that this is a restriction type K?

as the debt was in his name alone?

if so

it has no bearing upon the sale

if your solicitor is cute:madgrin:

 

 

all they have to do is tell them the property is sold

NOT settle it.

 

 

dx

[Scrudge]

Hi thank you for your reply how do I find out if it is a type k ? And what happens in the event of death not sale would the property be able to be transferred into my name soley? I'm just trying to prioritise debts we have no intention to sell so I would rather bring the mortgage down than pay this company if they do not have any real power over me

[shamrocker]

Is there a real prospect of your OH dying any time soon? Do you have children who live with you?

[Ford]

the property is jointly owned and the charge is in my husbands name only

what happens in the event that my husband die's

the ppty will go to you as joint tenant owner (presuming you are). they wont be able to do anything re forcing a sale.

[Scrudge]

Hello yes I have two children one still at school but not for long he leaves next year ,

 

don't mean to sound morbid my husband not planning on popping off yet

but this company don't won't take an offer

they want the full amount which is £5000

 

I offered £2000 they have even wrote to me two years ago saying they are sending an estate Agent to drive pass my house and value it so that they would then apply for a force of sale

 

at the time I had three small children living at home and it just worried me as I do not know anything about charges or cautions.

 

I wrote to the Land registry and they come up as a caution on my house,

also my husband gave some documentation this debt only last week !

 

First time I had seen it ,

it is a leasing agreement for a car that he did not keep up the payments on

he handed back the car and they sold it and are after him for the balance

this all happened in 2003 and I was unaware as my husband did not tell me or give me the post referring to this issue.

 

I have noticed on the leasing agreement my husband has put down a different address in fact he put down my parents council house ! And on the agreement states he's the owner !

 

Would this company or rather should they have not done a credit check and realised he didn't even live at the address he had put down .?

If they had checked our address he would never had got the contract as there were already charges on the property, which I have now cleared

 

they all took offers in fact one was for £28k and they took £5000

but these guys want the full amount or want me to sell ! .

 

I just want to know where I stand and where on the priority list I need to place these people.

 

Thanks for all your help.

[dx100uk]

sounds like you got cash cowed in the first place?

settling for £5k on a £28k charge...urm...bogus me thinks.

 

hey I've got money...give me a discount and i'll blindly pay it off...

 

so you've hinted this is to do with a car finance agreement

who's got the charge on the registry

and who is chasing you now?

 

dx

[Scrudge]

Hi dx. Cash cowed !!

 

Oh god thought I was doing the right thing you see knowledge is King !

 

The one thing I'm not is cash rich,

I just hate the anxiety of theses debts and want rid of them,

 

the company is called Adams & Sons

they deal in car finance

they have this charge on my jointly owned and still mortgage property the debt and the charge is in my husbands name only,

 

I want to be totally clued up how much power this company has over my home

it's sounds like with the right solicitor they could not prevent me selling

but in the event of something happening to my husband

they have made it sound like I would have to take on the debt !

 

Could they stop the mortgage company transferring the property into just my name and can they come after me for my husbands share ?

 

What do you think about the fact the agreement that my husband filled in dose not even have the right address ?

Dose this hold any clout ?

 

I know if I apply to the Land Registry to warn off the charge they will reject it

so shall I just let them sit and fester as they can't make me sell and they couldn't stop a transfer ?

[dx100uk]

ive merged 4 threads here

you seem to ask this question every couple of years

get advise

then disappear again.

 

 

so this restriction K charge

was an old Santander car lease finance loan?

and Adams & Sons latterly got a CCJ/CO on it?

 

 

the story is very confusing

 

 

dx

[Scrudge]

Hi dx,

Sorry for confusion been away for years paying off debts,

this charge has nothing to do with Santander.

 

This is a charge from a car leasing company called Adam & Sons

my husband entered into a leasing agreement with them did not keep up the payments

he handed back the car

they sold it and came after him for the balance of the lease

he could not pay

they took it to court and now have a charge on the jointly owned property.

 

This all happened in 2003,

I did not go to court because my husband did not give me any post or correspondence on this until it was to late in fact I only saw the leasing agreement last week.

 

What I need to know is what would happen in the event something happens to my husband would I be liable for this debt even though it's nothing to do with me and the charge is only in his name.

 

Could they stop the house being transferred into my name unless I took the debt on ?

[dx100uk]

NO

and you DO NOT take the debt on.

 

I would suggest this is a restriction type K

 

let me sort these threads for you too.

[dx100uk]

threads done

[Scrudge]

Thank you