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UK Property Law

A bank obtained a charging order for a debt owed by me only.

Customer Question
Hi, A bank obtained...

Hi, A bank obtained a charging order for a debt owed by me only. A restriction was entered against a property that is jointly owned by my husband and I. Because the property is jointly owned the wording is a Restriction not a Final Charging order. The bank are now threatening to apply for an order for sale. Can they do this on a jointly held property?

Lawyer's Assistant: What are the debts in question? What collection efforts have been made?

The debt was a company debt for which the bank claimed from me personally under a personal guarantee. At the time the court ordered that the debt should be paid in full. I negotiated with the bank to pay by installments, but they regularly threaten to seek bankruptcy orders etc. In October the obtained a charging order (albeit only a restriction as the. property is jointly owned) Now they are seeking an order for sale.

Lawyer's Assistant: Has anything been filed or reported?

They obtained a CCJ in 2011. They haven't yet filed for the order for sale, but have written to me to say that if I don not put my property up for sale for well below market value they will seek an order for sale.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that is all. AH - are you US based?

Submitted: 6 months ago.Category: UK Property Law
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Answered in 1 hour by:
8/7/2017
Solicitor: Jamie-Law, Solicitor replied 6 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
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Hello my name is ***** ***** I will help you with this.

How do you know its not a final charging order? Wasnt a date set by the Court?

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Customer reply replied 6 months ago
They did set a court date. But because the property is jointly owned, and this is the wording that has been placed at Land Registry - It's not a charging order, simply a restriction that the Bank must be notified in the event of a sale.No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Bank of Scotland at [address for service], being the person with the benefit of an interim charging order on the beneficial interest of Niamh Eadie made by the (name of court) on (date) (Court reference.…).
Solicitor: Jamie-Law, Solicitor replied 6 months ago
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