RAK/IDRWW Claimform - credit card debt from the UAE

[PaulMc774]

It was the non-exclusive jurisdiction clause in the agreement that was the main downfall and the judge said the expert report was applicable too!

[PaulMc774]

Hi all.

Urgent advice needed.

I have had an interim charging order made against my property; I started making a monthly payment to the debt on 01.09.21 of £190

What are my options to prevent a final charging order?

I can up my monthly payments.

I can possibly borrow the money from family and then pay them back.

Any other possibilities?

 

Thanks for any help as I am now panicking that I might have to sell my home!

Edited September 10, 2021 by PaulMc774
spelling

[dx100uk]

Without me looking back

sole owner or jointly owned property

[PaulMc774]

Hi dx100uk

 

The land registry is in my name, but the property is jointly owned with my civil partner.

[dx100uk]

Deeds solely names you but mortgaged in joint names?

[PaulMc774]

The house is bought outright and the deeds are in my name; my partner owns half the house as we have been together for over 20 years and have been civil partners for 15 years. We jointly paid the mortgage.

 

Also, can they add interest to a CCJ?

[AndyOrch]

If your name only is on the deeds and not your partners...then legally you own house outright..even though they paid/ on the  mortgage and a full charging order can be placed....even though its your debt only.

 

CCJs now automatically allow a charge to placed on your property as security to secure the judgment.. nothing more nothing less.

 

Section 69 interest has already been added to the judgment amount up until the date of judgement...post judgment  interest can be added if it refers to it within its particulars and its in the terms & conditions of the agreement.....very rare but possible. Any demand for post judgment interest would have to be by way of a further separate claim...not the current judgment.

 

 

Andy.

 

 

.

[PaulMc774]

Thanks @Andyorch.

 

The order was made by a court officer; shall I write to the court to say that the property is jointly owned and that I have started making payments to the CCJ?

 

Would it be a good idea to contact IDR and increase my monthly offer?

Or wait until the final charging order is granted and ask the court for an installment plan?

 

I can borrow money, and repay, from family.

[AndyOrch]

35 minutes ago, PaulMc774 said:

Thanks @Andyorch.

 

The order was made by a court officer; shall I write to the court to say that the property is jointly owned and that I have started making payments to the CCJ? No point.....if the partners name is not on the LR you cant stop the application ( unless in very rare circumstances) and even if your partners name was on the LR deeds it still wouldn't stop the charge.

 

Would it be a good idea to contact IDR and increase my monthly offer? Why ? what would that achieve ?

Or wait until the final charging order is granted and ask the court for an installment plan? Charging orders have no connection with regards to payment of judgment I have already advised that in my post #20 earlier in your topic

 

I can borrow money, and repay, from family. That's your decision but it wont move the CCJ from your credit files ( Unless paid in full by the stated date on the Notice of Judgment)...it stays for 6 years although marked satisfied...it would move the charge though although that really is insignificant unless you intend moving in the future or remortgaging ?

 

 

 

 

 

.

 

 

.

[honeybee13]

Thread reopened.

 

HB

[PaulMc774]

The interim charging order has been sent to Liverpool County Court for consideration of the final charging order; no date has been decided.

Today I received a letter from the Land Registry to say the IDR have applied to enter a unilateral notice in the register of my property.

What does this mean?

Can I object and stop them doing this?

Any advice would be gratefully appreciated.

Thanks in anticipation.

[dx100uk]

Notices, restrictions and protection of third-party interests (PG19) - GOV.UK

WWW.GOV.UK

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How to apply for a notice or restriction to protect a third-party interest in an estate (practice guide 19).