22 Mar 2015

A question about : Clearing an Interim Charging Order from deceased's estate

Hi everyone, if anyone out there can help me I'd be eternally grateful.

My father passed away unexpectedly late last year. I'm executor of his will and the sale of his house is nearing the final stages, but my conveyancing solicitor has just notified me that there is an Interim Charging Order against the property - this was a shock as I know my dad had previously struggled with debts but he genuinely believed he'd paid them all off years ago - including mortgage, credit cards, personal loans and money from friends/family - when he retired and got his 'lump sum'.

I've unearthed a few details after speaking to the court:
A CCJ was applied for and granted in 2007;
an Interim Charging Order was also granted, but no Final order was ever applied for.
The solicitors that filed the request for an order no longer exist, they have since merged with another solicitors;
The court, cryptically, have a note on file that they received a letter from the solicitor's in 2008 saying the matter was resolved and the application was withdrawn - however the charge still remains;
The creditor who was seeking to get the debt repaid has since resold the debt to another company. I've tracked them down and they are checking their records to see what information they hold.

What are my options?

I believe I not only should, but must in my duty as executor:
Confirm the CCJ was filed correctly
Confirm the details of the CCJ /& Charging order
Consider whether the CCJ can be dismissed (although being >6 years old has it already effectively been 'dismissed'?
Get a copy of the details of the charge from the Land Registry
Ask for a copy of the credit agreement (not sure what proper prcess is here, advice welcomed) and check that all the 'i's were dotted and the 't's crossed etc
ask for copies of all statements sent to my father
ask for proof of the debt??

Questions running through my mind are (help welcomed!):
I've read that if you can get a CCJ dismissed, then any associated charging order is also overturnded/removed. If the CCJ has 'expired' (>6 years old) does the same apply? Can I just ask that the charge be removed?
If the creditor/current owner of the debt's paper trail is lacking, does that help me in any way?
Does the fact this is only an interim order help in any way? I'm assuming that, unless for some reason it's expired or otherwise voided, it still needs to be paid before thehouse can be sold?
Does the fact the solcitor and original creditor no longer exist mean anything?
The fact the creditor has resold the debt - does that change anything?

Many, many, thanks in advance knowledgeable people.

Best answers:

  • One thing I forgot to mention, as the debt is more than 6 years old and there won't have been any correspondence from my late fther acknowledging any of this in that period, does that change anything - is the debt unenforceable, or does the charging order change that?
    I'm not actually aware when the debt was taken out, or what it was, yet (credit card, loan, whatever), just the date of the court hearing for the CCJ.
  • Thanks Dennis / NationalDebtLine, your guidance and clarification is incredibly helpful.
    I've contacted the courts again this morning and been told a FINAL order was actually granted, in May 2007, but that they have on file a letter they received from the creditor's solicitor in September 2008 saying the debt was paid, and they were withdrawing their claim.
    The courts are going to issue me with a "Certificate of Satisfaction" (for a Ј15 charge) which I then send to the Land Registry who say they will remove the charge immediately upon receipt.
    I think and hope it's that simple. Time will tell!
    Any further advice is still welcomed and appreciated though!
  • Sounds like you have already contacted us and presumably you know how to apply for the entry to be removed.
    If not then post again with details of how the ICO has been registered
  • No notes to help you I'm afraid but panels 1 to 7 (inc) plus 11 and 12 of form CN1 will be required and are fairly self -explanatory I hope.
    No fee and the application should be sent to Citizen Centre, Land Registry Tŷ Cwm Tawe, Phoenix Way, Llansamlet, Swansea SA7 9FQ
  • It's ok, all sorted now - I called and spoke to LR who said "if you're not sending the paperwork via a solicitor, please send it to..."