Restriction k - Interim charging order - not cancelled or finalised?

[Exhausted_Flamingo]

Hi, 

 

When I split with an ex I had some debt problems a while ago, and it resulted in one company issuing an interim charging order on my property. I'll be honest, it's a bit of a blur and I can't remember much about it. At the time, I was right in the thick of financial problems but I vaguely remember some paperwork arriving. 

 

Nine years later, I want to sell my house. I've checked the deeds and there is an "interim charging order" on there from 2014. A bit of research online suggests that it should have automatically been converted to a final charging order - but it wasn't. Where does this leave me? The interim order is still showing on the deeds - am I liable to still pay? 

 

The CCJ is no longer on my credit file because it was from so long ago - I don't even remember exactly what it was for, or how much. 

 

Can anyone advise me what I need to do now? If I have to pay it, I can do when this house sale completes but I'm worried it will cause issues (someone elsewhere suggested it would be problematic). I'd also rather not pay it for various reasons (I paid all of the others and got my credit record straight again). 

 

Is the interim order still enforceable as the CCJ has dropped off and no action has been taken? If not, how do I get it removed from my title deed? If it is enforceable, should I just contact the company and ask for details? (It's a debt company - Lowells - so presumably they purchased the debt).

 

All of the info I've found suggests that an interim charging automatically converts to a final charging order if I didn't dispute it. So what happened - and does this prevent them from enforcing it now?

 

I'd be really grateful for advice - it was an awful time and it's come back to bite me again, just when I thought everything was sorted out!

[dx100uk]

are you the sole own on your deeds

 

dx

 

[Exhausted_Flamingo]

No, my ex is still on the deeds - but the charging order was in my sole name. My ex also hasn’t lived here for 7 years+ so is happy to sign the equity over to me (if that changes anything).

[dx100uk]

then its a restriction k

you havent got to pay anything.

 

dx

 

[dx100uk]

5 CCJ's+restriction k's - been paying 2 after order of sale attempts . **RESOLVED - NONE PAID but on-going** - Financial Legal Issues - Consumer Action Group

 

Lowell interim charging order from credit card debt 2009 - General Debt Issues - Consumer Action Group

 

Remortgage issue with restriction k's - Mortgages and Secured Loans - Consumer Action Group

 

[Exhausted_Flamingo]

Oh that's all really interesting, thank you Dx! I have been searching like mad and hadn't seen any reference to restriction k. 

 

I've attached a screenshot of the wording, just blocked out my personal info. is this a restriction K? 

 

I've quickly read through the links you send through, and will go through them again more slowly. But if I've understood, the restriction K can just be removed once the sale has completed?

 

Is this likely to deter a buyer? My property will probably appeal to either first-time buyers or maybe investors, and we're in need of a quick sale (not for financial reasons - practicality). In your experience, is it liable to slow everything down or should it be immaterial to the speed of the process? Is it likely to put people off buying?

 

Also, the CCJ has dropped off my records as it's been 9 years - can they still take me to court to enforce payment of the debt? Or have they blown their hand issuing an interim order but not doing anything further (they did send periodic letters which I just ignored). 

 

I really appreciate your help in this - I tried another forum earlier and was just told that I had to pay to get it sorted and that I wouldn't be able to sell until I'd paid up. 

 

Screenshot 2023-01-05 at 19.45.29.pdf

[dx100uk]

the only way it can ever 'appear' to be a problem is if yours or their conveyancing solicitors makes it one BECAUSE THEY DO NOT KNOW THE LAW REGARDING RESTRICTION k's and need educating. 

 

it automatically disappears when the sale goes thru. ideally the buyers solicitor should write to the named company informing them of the sale, but in all reality there is no need too as land registry does it for them.

 

dx