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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7587
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am in a bit of a pickle i am in the process of selling my

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good afternoon i am in a bit of a pickle i am in the process of selling my house but found out i have a interim charging order . I do not understand
JA: What confuses you?
Customer: i have never received any information about this and this is 10 yeasts ago and will it stop me selling the house ?
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: Nothing at all. Cos i do not understand it. I have been reading about it but it is a interim charging order and not final so i can not see why this person can stop sale of the house
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that is it

Good afternoon

Do you know what this related to and who applied for the interim charging order?

Michael

Customer: replied 1 year ago.
Good afternoon. It was related to a business loan 10 years ago and i know who applied for the order
Customer: replied 1 year ago.
i would like to speak over the phone it is so many q
Customer: replied 1 year ago.

Thank you

An interim charging order will not stop the sale or affect it in any way, an interim order needs to be made final in order to have an effect.

Even if the final order had been made it would not stop the sale.

If there are any further points kindly reply I will be happy to respond.

Otherwise please click to accept my answer on the system so I get credit for my time.

Best wishes

Michael

Michael Holly and other Law Specialists are ready to help you
Customer: replied 1 year ago.
okey i am waiting for the call
Customer: replied 1 year ago.
please try this number if you can not get thru to me on the other number

I have tried to call several times but JA is saying they have an error.

I have reported this to them .

If there are any outstanding points please text.

Michael

Customer: replied 1 year ago.
i have not had a call please try again
Customer: replied 1 year ago.
this is crazy try my land line number***********
Customer: replied 1 year ago.
00441206 768846
Customer: replied 1 year ago.
i have no missed calls on any numbers

We have to use the JA system to make calls , what additional information would you like about the situation?

Customer: replied 1 year ago.
what is a JA system ? does this mean we can not have this call ?
Customer: replied 1 year ago.
Please let me know soon as possible so i can see if there are anywhere else i can get some advice.
Customer: replied 1 year ago.
i need to understand how i can proceed with the house sale and get rid of the charge

The charge will not affect the sale. Firstly it is only an interim order and not a final order and a charging order does not affect what happens to the property.

A completed charge order affects where the sale proceeds go and does not affect the sale.This charging order was not completed.

Customer: replied 1 year ago.
can we have a phone call please ?
Customer: replied 1 year ago.
i am happy to call you if that helps
Customer: replied 1 year ago.
the solicitor who is helping me with the sale says the sale can not go ahead please i am pulling out my hair here
Customer: replied 1 year ago.
Can you please let me know if we can have this call or not .
Customer: replied 1 year ago.
it is better if i can read to you what it says
Customer: replied 1 year ago.
This is what it says under Charges register
23.12.2008 Equitable charge created by an interim charging order of the Reading County Court dated 10 December 2008 in favour of XX XXXXX note : copy filed

Yes, it confirms it is an interim order, it is not effective unless it is made Final.

Michael

Customer: replied 1 year ago.
ok So how do i move it from the record or does that not matter? Are there anywhere i can this in writting to give to my solicitor please ? CAN WE HAVE A CALL ?
Customer: replied 1 year ago.
ok So how do i move it from the record or does that not matter? Are there anywhere i can this in writting to give to my solicitor please ? CAN WE HAVE A CALL ?
Customer: replied 1 year ago.
PLEASE I REALLY NEED YOUR HELP
Customer: replied 1 year ago.
Dear *****. I am so sorry to bother you but i would very much appreciate your help in this matter. Can you please email me the proof that the interim order is not effective so i can give it to my solicitor. you can email it to me at***@******.***. best regards Mari

Was the claim of the person who put the interim order on the property settled ?

How much was the claim?

Michael

Also did you receive a copy of the interim charging order when it was made and can you tell me the date that the entry is made as the law changed

Michael

Dear Mari

the position is that if you have not paid the debt , settled the case and the creditor still exists the purchaser will insist that you clear the entry on the land register by paying the debt

Michael

Customer: replied 1 year ago.
you are giving me two different answers here can you call me or not

Dear Mari

As discussed the interim charge cannot be enforced after 12 years have elapsed, However , if we wait until then you will lose your sale.

As such you need to apply to set aside the interim charging order on your property.

You will needs to provide the court with grounds for setting it aside.

1. You did not receive a copy of the proceedings and did not have an opportunity to defend any claim against you

2. Had you received the Claim form you would have defended the claim as any business was done between the Claimant and the company, XYZ and not you personally.

3. You would like the charging order set aside to sell the property as you cannot afford to continue to live there. The property is on sale for £680,000.00 the amount to repay the mortgage is £66700.00 and there is just enough left to pay solicitors fees and estate agents fees.

4. As such, there would be insufficient to pay the claim of the Claimant

They might ask you whether you are asking for the original judgment to be set aside so you can defend the claim he made. If they mention this we need to say yes as this will have the effect of getting rid of the charge as well.

Best regards

Michael

Customer: replied 1 year ago.
Thank you so much for you help today i am about to email the application what do you recommend i write in the email? i have attached application to the email but as a covering note .

Head the e mail "urgent" and put something like this

Dear Sirs

Re : Case number ( copy this from the interim CO )

Please find attached my application to set aside the interim charging order placed on my property.

I would be grateful if this could be considered as a matter of urgency .

Best regards

That should do it .

Michael

Customer: replied 1 year ago.
Emailed sent > Fingers crossed . Thank you again for all your help . I can not thank you enough :)

You are welcome.

Best regards

Michael