Hello my name is ***** ***** I will help you with this.
Does the debtor have an interest in the property or do you own it outright please?
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.
And is it on your wife's name the charging order?
No! It is on my name
Does your wife have any interest in your property at the Land Registry?
Yes she does
Ok. The debt is in your wifes name?
Ok - so all the people named at the Land Registry do not have a debt?
The Court order who is named as Defendant?
I am the Defendant....
Ok. You need to call the Court to ask for a copy of the claim form.
If you don't know anything about it then they will send you a copy.
Once you have it then you can see what the claim is about.
If you do not know anything about it or you have a defence then you can apply to set aside.
To do that you would need to complete form N244
You need to submit it to Court. You need to show that you have a realistic defence to the claim.
The court will list the matter for hearing and decide whether to set aside.
But you need a copy of the claim form first to see what the claim is about
Can I clarify anything for you about this today please?
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
Ok - but until you get the claim form you don't know.
The only way of setting it aside is show you have a realistic defence to the claim
Just because you did not know about it is not enough to set it aside.
So call the Court and ask for a copy of the claim form
I have never heard of this ' interim charging order'....is it legal?
Yes totally legal
Its a method of enforcement and quite regularly used
so they can charge the amount to the property value and will submit this amount when the property is sold?
Yes it would come direct from your Solicitor when it is sold.
They could also, at some point apply for an order for sale to make you sell it once they have a charging order.
what if I never decide to sell?
They could, that is not to say they would.
They could get an order for sale.
whats the chances of being issued with an order for sale?
Its hard to say, it depends on whether they want to apply, the debt size, the value of your property etc.
But even if its £1000 they could apply.
this is rediculous!! the debt is not mine!
Indeed, which is why you need to apply to set it aside.
Is there anything else you would like me to clarify for you?
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.
If you need more help please click reply.
But call the Court today and get a copy of the claim form - then you know what it is about.
You have rated BAD SERVICE?
What else do you want to know?
I advised to apply to set aside, which is what you need to do asap
Claim states that a former family member who resided at my address owed money on a credit card...why is this my problem????
I did not authorise any payment and there was no way the information you provided was worth £56.00!!!!