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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I am looking to get a better understanding about a charge order

Customer Question

I am looking to get a better understanding about a charge order on my property. The judgement is going to be removed from my credit report next month. How long will the charge order show with Land Registry? The company (debt collector) are also looking at now adding interest. What document should I ask for to prove that this was requested at the beginning? My statements have never shown any interest post judgement.
Thank you
Wendy
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Do you mean the interest payment was requested at the time of judgment?
Customer: replied 2 years ago.

Hello Jo, I had an Egg credit card that I got into problems with. The balance was bought by Capquest.


A judgement was recorded for £4402.91 0n 7/2/08


Including fees they then applied a charge order for 4611.91 on 18/9/08


 


Since then they have only provided me with one statement which shows my payments but no interest.


As the order is about to be removed I sought a redemption figure from them which suddenly added £1257.73 of interest. (apparently 8% a day)


I am looking to re-mortgage asap so wanted all this tidied up.


I need to know if firstly this interest is acceptable and if so what document I need from them to prove that I owe it and also, once paid how and when is it removed from my title deeds?


thank you


 


 


 

Expert:  Jo C. replied 2 years ago.
Thanks.

The charging order stays on the property indefinitely until such time as it is removed by whoever has the benefit of it.

If it was small claims court sum, the creditor is not entitled to add interest after the date of judgement.

If you have paid the capital sum and they will not remove the charge, unless you pay the interest, you can take them to court for a court order to make them remove it.

That, however, could take several months.

It would be quicker to pay the interest under pressure and then sue them to get it back in the Small Claims Court on the basis that you paid under duress.

Can I clarify anything for you?

Jo

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