Charging Order-B136(CO) Notice of application to register a restriction against the land

[Nottsdave]

Hi All

 

 

Some help please, in March 2010 I received- B136(CO) Notice of application to register a restriction against the land.

This was placed due to a sole debt that I had on a credit card, the property is in joint names with my wife.

 

 

Our house has just gone up for sale and I have read somewhere else that a "Restriction" does not mean that any monies received from the property will be settled automatically ? and that the solicitor dealing with the sale only needs to inform those who applied for application to place the Restriction within 14 days ?

 

 

Im really looking for some clarity on this as I don't believe a unsecured debt should be turned into a secured debt and I will deal with the DCA once I understand a bit clearer.

 

 

Thanks

 

 

Notts

[AndyOrch]

Plenty of information in the following thread Notts...

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?432053-Completion-of-house-sale-with-restrictions-solicitors-saying-debts-need-to-be-settled&highlight=restriction

 

Regards

 

Andy

[Nottsdave]

Thanks Andy

 

 

Anyone know of a good clued up Solicitor in the Notts area?

[AndyOrch]

Im afraid CAG cant endorse any legal representation..plenty in the phone book/internet.

 

Thread moved to General Legal Issues

[Nottsdave]

Hi

 

 

Just thinking and looking at the letters sent from the Land Registry one is addressed to me and one to my wife is this because we are joint holders of the property ? and its nothing to do with the debt

 

 

Ta

[AndyOrch]

If its your debt only...hence the restriction but both of you must be informed...but the restriction is only placed against your share of the equity.

[Nottsdave]

oki doki

 

 

Thanks

[Nottsdave]

so I will prepare some documentation and look to appoint a Solicitor , but before I appoint I will make sure they fully understand what needs to be done and the timescales.

 

 

Dave

[AndyOrch]

I personally wouldn't bother Notts....you dont fight the Charge...you fight the judgment that the charge secures.

[Nottsdave]

Hi Andy

 

 

Thanks for your reply

 

 

Our house has just gone up for sale and I have read somewhere else that a "Restriction" does not mean that any monies received from the property will be settled automatically ? and that the solicitor dealing with the sale only needs to inform those who applied for application to place the Restriction within 14 days ?

 

 

What Im trying to avoid is paying automatically from the proceeds of the sale.

 

 

Dave

[goodatresearch]

It can be done and its perfectly legal. The problems finding a solicitor who understands this. I'd be tempted to just ring rould firms and ask.

[Nottsdave]

Hi

 

 

That's my plan I will discuss with Solicitors prior to appointing to ensure they fully understand what needs to be done.

 

 

Thanks for your reply.

 

 

Dave

[sequenci]

Thanks Andy

 

 

Anyone know of a good clued up Solicitor in the Notts area?

 

You can use the Nottingham Law School Pro Bono service for free.

[Nottsdave]

Hi Sequenci

 

 

What services would they be able to provide ?

 

 

I was going to look at appointing a solicitor to do the conveyancing and to take care of the issue with the debt

 

 

Dave

[sequenci]

Well you'll need someone to do the conveyancing anyway - I doubt the advice service will be able to do that. I *do* know that they're very good all debt-related issues though.

[Nottsdave]

ok

 

 

So.. I will contact the Nottingham Law School Pro Bono service to see if they can help me with the detail of making sure a solicitor understands the legal position.

 

 

Then get a solicitor on board and away we go.

 

 

Does that sound like a sensible approach?

 

 

Dave

[sequenci]

Very much so.

 

For the record, as it's only a restriction there is absolutely NO requirement to pay the charge as part of the house sale, a simple notification of the change in circumstances is all that is required.

 

Good luck!

[Nottsdave]

Brilliant

 

 

Thanks very much you have been a great help

 

 

Keep up the good work !

 

 

I will let you know how things progress

 

 

Dave