Ask an UK Law Question, Get an Answer ASAP!
thanks Tom for your previous reply. can an interin charging order be placed if there is no ccj? as far as I am aware, there is no ccj for the debt outstanding but a default has been placed against my credit history
MY EX HUSBAND AND I HAVE RECEIVED AN 'APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND.' WE HAVE NOT BEEN TOGETHER FOR ALMOST 10 YEARS BUT OUR PARTING WAS AMICABLE AND ALTHOUGH WE HAD A DECREE NISI APPROXIMATELY 6 YEARS AGO, WE DID NOT MAKE THIS ABSOLUTE UNTIL SEPTEMBER 2011. THE HOUSE MY EX HUSBAND LIVES IN IS IN BOTH OUR NAMES BUT I HAVE NEVER MADE ANY CONTRIBUTIONS AND EVERYTHING IS IN HIS NAME. WE FINALISED OUR DIVORCE AS HE NOW WANTS TO MARRY SOMEONE ELSE. THE HOUSE WE SHARED WAS SOLD AND HE MOVED INTO HIS CURRENT ADDRESS.WHEN HE MOVED HOUSE I WAS VERY STUPID IN THE FACT THAT I WAS MISINFORMED AND BOUGHT A BUY TO LET FLAT AT THE TIME WHEN BANKS WERE LENDING TO EVERYONE. I HAD A TRACKER MORTGAGE AND DURING THE TIME OF HIGH INTEREST RATES, THE MONTHLY PAYMENT ROCKETED FROM ABOUT £900 TO £1600 AND I COULD NOT KEEP UP WITH THE PAYMENTS. UNFORTUNATELY THE FLAT WAS RE-POSSESSED. AN INTERIM CHARGING ORDER HAS BEEN ISSUED ON 7 NOVEMBER 2012 OF WHICH I NEW NOTHING ABOUT UNTIL MY EX HUSBAND REQUESTED A COPY WHICH WAS SENT TO HIM ON 23 NOVEMBER 2013 AND THERE WILL BE A HEARING ON 12 MARCH 2013 AND THE JUDGE WILL DECIDE THE CHARGE OF OVER £127,000 CREATED BY THE ORDER SHOULD CONTINUE OR SHOULD BE DISCHARGED. CAN I OBJECT TO THE RESTRICTION? I AM NOT IN A POSITION TO PAY BACK SUCH A LARGE SUM OF MONEY BUT IF I COULD , I WOULD. I AM CURRENTLY LIVING WITH SOMEONE AND HAVE BEEN FOR OVER 5 YEARS BUT THE PROPERTY IS IN HIS NAME AS ARE ALL THE HOUSEHOLD BILLS. AS YOU CAN IMAGINE, MY EX HUSBAND IS NOT VERY HAPPY AS HE HAS NEVER BEEN AWARE OF THE REPOSSESSION AS WE DO NOT DISCUSS EACH OTHER'S FINANCIAL SITUATIONS. ALSO, WHAT CAN I DO ABOUT THE INTERIM CHARGING ORDER? ANY ADVICE WOULD BE VERY MUCH APPRECIATED. I DON'T HAVE ANY ASSETTS AND MY CREDIT RATING IS NOT GREAT BECAUSE OF THIS SITUATION.
can I object to the interim order. it only has my name on it and as I said there is no address and I did not receive a copy until my ex husband requested it from the land registry office. can I object to this order?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).