TAKING ON CAPITAL ONE

Re: TAKING ON CAPITAL ONE

Postby kevin » Mon Jun 13, 2011 12:12 pm

marc.is.skint wrote:(which incidentally is co owned by my partner and a 3rd party interest) so no charging order there ...or is there ??? :thinks:


It appears to be up to the judge

http://www.hmcourts-service.gov.uk/infoabout/enforcement/charging/information.htm
information as to whether the judgment debtor owns the property solely or jointly with someone else, and evidence to prove it;
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Re: TAKING ON CAPITAL ONE

Postby GANGSHIELD » Mon Jun 13, 2011 2:40 pm

(Judging) by other peoples experiance! ( excuse pun)
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Re: TAKING ON CAPITAL ONE

Postby marc.is.skint » Mon Jun 13, 2011 9:52 pm

If you are co owning, and not married, they can not place a forced sale as this would be a legal mine field for the court???? :puzz: with re housing etc
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Re: TAKING ON CAPITAL ONE

Postby kevin » Mon Jun 13, 2011 10:40 pm

They can't force you to sell the house.

see here:

http://www.hmcourts-service.gov.uk/infoabout/enforcement/charging/how.htm

A charge on a property means that if the property is sold, the charge has usually to be paid first before any of the proceeds of the sale can be given to the judgment debtor. You should note, however, that a charging order does not compel the judgment debtor to sell the property.
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Re: TAKING ON CAPITAL ONE

Postby marc.is.skint » Sat Jun 18, 2011 6:30 pm

Thanks Kev, had to check :shake:
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Re: TAKING ON CAPITAL ONE

Postby marc.is.skint » Sun Dec 11, 2011 1:49 pm

Just an update with this lot...fairfax have been threatening a force of sale order intention...I thought they could only place a restriction on my bricks if the property is jointly owned :puzz: :puzz: :puzz: and the alleged debt was nothing to do with the co owner...any suggestions welcome
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