How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am being served an Interim charging order on my property,

Customer Question

I am being served an Interim charging order on my property, though the debt has nothing to do with me and I have no loans secured against my property.
The case is being dealt with in court next month as land registry have refused my objection.
Where do I stand? Can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Does the debtor have an interest in the property or do you own it outright please?

JACUSTOMER-etif878p- :

I have no idea where this debt has arisen from, I believe it may be from non payment of a credit card. I own the property with my wife.

Alex Watts :

And is it on your wife's name the charging order?

JACUSTOMER-etif878p- :

No! It is on my name

Alex Watts :

Does your wife have any interest in your property at the Land Registry?

JACUSTOMER-etif878p- :

Yes she does

Alex Watts :

Ok. The debt is in your wifes name?

JACUSTOMER-etif878p- :

No

Alex Watts :

Ok - so all the people named at the Land Registry do not have a debt?

Alex Watts :

The Court order who is named as Defendant?

JACUSTOMER-etif878p- :

I am the Defendant....

Alex Watts :

Ok. You need to call the Court to ask for a copy of the claim form.

Alex Watts :

If you don't know anything about it then they will send you a copy.

Alex Watts :

Once you have it then you can see what the claim is about.

Alex Watts :

If you do not know anything about it or you have a defence then you can apply to set aside.

Alex Watts :

To do that you would need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You need to submit it to Court. You need to show that you have a realistic defence to the claim.

Alex Watts :

The court will list the matter for hearing and decide whether to set aside.

Alex Watts :

But you need a copy of the claim form first to see what the claim is about

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-etif878p- :

I am sure this debt relates to the use of a credit card by a previous member of family who use to live with me

Alex Watts :

Ok - but until you get the claim form you don't know.

Alex Watts :

The only way of setting it aside is show you have a realistic defence to the claim

Alex Watts :

Just because you did not know about it is not enough to set it aside.

Alex Watts :

So call the Court and ask for a copy of the claim form

JACUSTOMER-etif878p- :

I have never heard of this ' interim charging order'....is it legal?

Alex Watts :

Yes totally legal

Alex Watts :

Its a method of enforcement and quite regularly used

JACUSTOMER-etif878p- :

so they can charge the amount to the property value and will submit this amount when the property is sold?

Alex Watts :

Yes it would come direct from your Solicitor when it is sold.

Alex Watts :

They could also, at some point apply for an order for sale to make you sell it once they have a charging order.

JACUSTOMER-etif878p- :

what if I never decide to sell?

Alex Watts :

They could, that is not to say they would.

Alex Watts :

They could get an order for sale.

JACUSTOMER-etif878p- :

whats the chances of being issued with an order for sale?

Alex Watts :

Its hard to say, it depends on whether they want to apply, the debt size, the value of your property etc.

Alex Watts :

But even if its £1000 they could apply.

JACUSTOMER-etif878p- :

this is rediculous!! the debt is not mine!

Alex Watts :

Indeed, which is why you need to apply to set it aside.

Alex Watts :

Is there anything else you would like me to clarify for you?

JACUSTOMER-etif878p- :

No thankyou

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

Alex Watts :

If you need more help please click reply.

Alex Watts :

But call the Court today and get a copy of the claim form - then you know what it is about.

Alex Watts :

You have rated BAD SERVICE?

Alex Watts :

What else do you want to know?

Alex Watts :

I advised to apply to set aside, which is what you need to do asap

JACUSTOMER-etif878p- :

Claim states that a former family member who resided at my address owed money on a credit card...why is this my problem????

Alex Watts : It's not. That is why you need a copy of the claim form and apply to set aside.
Alex Watts : you can still turn up at the final hearing and say this person has no legal or equitable interest in your property.
Alex Watts : But if the claim is not in your name that helps.
Alex Watts : But you must attend the final hearing and object.
Alex Watts : take your mortgage statement to show its in your name.
Alex Watts : Does that help?
JACUSTOMER-etif878p- :

I did not authorise any payment and there was no way the information you provided was worth £56.00!!!!

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice