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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 2 years ago.
Category: Law
Expert:  Ash replied 2 years 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!!!!