tried to re-mortgage - found 2 old Old Charging Orders from 2007-2008

[juzza999]

Sorry this is a long one.

recent remortgage (both self employed, clean credit checks, plenty of equity in property, husband 64, I’m 52)

fairly stressful procedure but got sorted all signed waiting on land registry searches.

searches came back and showed 2 charges registered to our property going back to 2007 & 2008. We had no knowledge of these whatsoever. Got details of creditors involved Link Financial & Capquest.

Spoke to National Debtline who pointed us towards contacting them both and getting info about the amounts owed. Asked for copies of credit agreements, dates paid, account no, any payments made by us, details of CCJ that is supposed to come before charging Order.

Absolutely nothing other than an A 4 paper from link no company name with a date of 2000 not even our telephone no. This would have been statute barred 2000 to 2008 date of Charging order so why has a judge allowed an unsecured debt to be secured against property?

cases were heard in Cardiff and Redditch we live in Yorkshire, our first action had we been aware would be transfer to our local court surely? Both courts have said they have no record of judgement as do old!

completed 2 X N244 and went to local county court, paid 2 x £119 explained urgency, clerk was very helpful, judge initially said there would be a 30 minute hearing but has today said no and will not look again or set aside as previously litigated and enforced.

waiting on hold to speak to our IFA to see what our options are ie borrow more to pay off charges.

feels like a real kick in the teeth would definitely recommend anyone with a mortgage check land registry every 5 years.

any suggestions please?

 

 

[dx100uk]

Topic title amended for clarity

are these both jointly owned debts on a jointly owned property?

dx

 

.

 

[juzza999]

It’s a joint mortgage but the debts appear not to be, one in my husbands name one in mine.

further discovered form K restrictions do not need to be paid on completion or remortgage but we are legally obliged to notify creditors on completion. (Within 14 days)

it’s looking like this is factually correct but mortgage provider insists they are paid before remortgage can be completed.

im going to plead my case with them this morning, worse case scenario is we have to borrow more money to clear restriction which will be a stretch.

its been suggested we make an offer in full and final settlement to creditors.

honestly so stressful and seems very weighted against us

any suggestions welcome

[dx100uk]

1 hour ago, juzza999 said:

further discovered form K restrictions do not need to be paid on completion or remortgage but we are legally obliged to notify creditors on completion. (Within 14 days)

not quite true...

if you re mortgage with the same lender they don't need paying

if you re mortgage with a new lender then most probably you will have to settle them

it's the buyer has to do inform the CO Holders, but its not really needed as when they register the property deeds on land registry the restriction k's simply get removed.

sorry you need to kick your IFA , so many of them dont understand the legal diff between restriction k's and charging orders on deeds.

1 hour ago, juzza999 said:

but mortgage provider insists they are paid before remortgage can be completed.

if you re mortgage with the same lender they don't need paying

if you re mortgage with a new lender then most probably you will have to settle them

tell them to READ the entry wording properly! ...

1 hour ago, juzza999 said:

its been suggested we make an offer in full and final settlement to creditors.

NO you might not need to do NOT do that.

19 hours ago, juzza999 said:

why has a judge allowed an unsecured debt to be secured against property?

because you both ran away from debts and did not update creditors of your move, so both got a backdoor CCJ and then went for a CO, but of course sole debts on joint property are useless!

.................

so..

new lender 

or your existing one?

dx
 

 

[juzza999]

New lender.

we didn’t run away from debts, we weren’t aware of them.

 

[dx100uk]

sadly then they'll need paying then. shame

weren't aware of debts?

you'd probably both moved from the addresses that he credit was org taken out at and never sent a letter telling the creditor you'd moved. classic backdoor CCJ scenario.

there would have been atleast 25 letters and court forms for each debt to allow them to get all the way through to a CO. you cant have not ignored the lot......

Link and Arrows (Capquest) are masters at backdoor CCJ's then suddenly find you new address to register the charge against.