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Daniel Smith
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Category: UK Property Law
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what do i do if an application to register a restriction against

Resolved Question:

what do i do if an application to register a restriction against my land is served upon me, ?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Daniel Smith replied 4 years ago.

XXXXX XXXXX :

Hi there. Thanks for your question, I will help you with this.

XXXXX XXXXX :

What is the restriction for - do you contest it?

Customer:

its for a debt i had for a credit card, 7,775.21.,, i offered to pay them £50 per month to pay it off but they decloined and took me to court, i have since objected to the register and now it is going to court, can i lose my house?

XXXXX XXXXX :

How can they register a caution against your house though? What interest in your home do they say they have?

XXXXX XXXXX :

I meant a restriction ...

Customer:

dont know,.

Customer:

they have applied to register a restriction against my land.?

Customer:

of course i objected,

Customer:

but it is going back into court,

Customer:

can i lose my house?

XXXXX XXXXX :

OKay, well I don't see how a normal debt (without a Court order) ends up with a restriction.

XXXXX XXXXX :

You can only lose your house if they obtain judgment against you, and then get a charging order and then an order for sale.

Customer:

yes i had a court order first but did not attend as i had already offerd them £50 per month but they just ignored that and gave me a ccj instead

XXXXX XXXXX :

Well, if they go and get a charging order, then they could seek an order for sale of your home afterwards.

XXXXX XXXXX :

So, there is a risk that if the Court doesn't allow instalment payments, that they could go down this route.

Customer:

oh shit i have an interim charging order

XXXXX XXXXX :

Ah ... okay.

XXXXX XXXXX :

Well, the next hearing will be to see whether it should be made final.

Customer:

the date for this is 11 april,

XXXXX XXXXX :

If it is, then they could apply for an order for sale to get at the equity in the property.

Customer:

oh dear , how can i stop this

XXXXX XXXXX :

In the meantime, you could apply using Form N244 for permission to pay the judgment in instalments. If you do this, you should set out your incomings/outgoings etc and make a sensible proposal to the Court.

XXXXX XXXXX :

Obv, if you can agree this instead of Court, even better.

Customer:

is £50 per not sensible enought then..

Customer:

where do i get one of these n244 forms

XXXXX XXXXX :

Depends on your botXXXXX XXXXXne - what you have coming in as against going out. There is no fixed answer to this ... different judges might have different views!

XXXXX XXXXX :

From the Court.

Customer:

well i have a lot of outgoings and not a lot of incomings, also self employed

XXXXX XXXXX :

Maybe you should see a debt counsellor about becoming bankrupt and/or enter into an IVA.

Customer:

im not really sure if declaring bankrupt is a thing id like to do, is there another way,

Customer:

how do i contact a debt counseller

Customer:

what is an iva

XXXXX XXXXX :

You should get specialist help from a debt counsellor - try http://www.cccs.co.uk/

XXXXX XXXXX :

An IVA is an insolvency procedure where you enter into a formal agreement with your creditors.

XXXXX XXXXX :

You get more info on this here: www.iva.net

XXXXX XXXXX :

Hope this has been useful?

Customer:

yes thanks,

Customer:

so basically i'm snookered

XXXXX XXXXX :

No, not necessarily. I can't advise you, but I've hopefully pointed you to people that could. They'd need to look properly at your personal circumstances, something we can't do in public forums etc.

XXXXX XXXXX :

Please press accept.

Customer:

ok thanks , so basicaaly i need to contact a debt cousellor then they will tell me my best option, ?

XXXXX XXXXX :

Yep.

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