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Nicola-mod
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Category: Property Law
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Experience:  Moderator
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I have an interim charging order hearing coming on soon. How

Customer Question

I have an interim charging order hearing coming on soon.
How do I defend myself against this order?
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Do you accept that you owe the debt and on what basis do you object to the Order
Claire
Customer: replied 3 years ago.

 


There are 2 issues here:



1. I accepted owing the money.And the Court accepted I should be paying by instalment of £10 monthly which is on-going.


 


2. I objected to the Notice of Application to register a resctriction against my land/property.

Expert:  Clare replied 3 years ago.
Hi
How much is the debt and what is your objection to the restriction
Claire
Customer: replied 3 years ago.


The amount on the Judgement for Claimant is £3,765.35 and to pay by instalment of £10.00pm

 

My objection is not to attach the debt to my property

Expert:  Clare replied 3 years ago.
Hi
But what is your specific objection - how will this effect you?
Claire
Customer: replied 3 years ago.

My specific objection is objection to a Notice served by the land registry on an application to register a restriction against my land/property


OBJECTION TO APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND


 


My objection is not to put my property at risk


 

Expert:  Clare replied 3 years ago.
Hi
I understand that
However you have an acknowledged debt that is going to take you more than 25 years to repay at the current rate.
Your creditor wishes to be sure that if the house is ever sold they will be paid off immediately
The Court is likely to see that as a reasonable request.
What you need to do is give a reason to the court why this would put you at risk and why it is an unreasonable request.
One reason to object would be that there is Negative Equity - or that there are ongoing divorce proceedings - or even that the company has a history of taking possession proceedings when payments are being maintained.
What you cannot do is simply say that I am paying so they do not need it
I hope that this is of assistance - if you need further details please explain your concerns and I will give more details
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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