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Response to URGENT! How does a charge against a property work?

from David J. Button (davidjohnbutton@supanet.com)
A charge can only be placed against a property with either, a) your consent (i.e. when taking out a mortgage) or b) a court order

It looks as if AN are working to the 12 year rule despite the voluntary code which says members of CML will not pursue after 6 years.

The lady should not acknowledge any correspondence or admit to the debt as that will start the recovery period clock again. She should see a solicitor quickly for proper legal advice on what to do. Otherwise the next step will be for AN to issue a court summons for the full amount, and on judgment seek to cover the debt with a charge over her new property. In this case, they cannot impose a charge without a court order (unless of course it is by amicable agreement in order to avoid court procedings), but however, the danger is that once a charge is imposed, it can, though not too often, be turned into a dispossession and order for sale.

(posted 7570 days ago)

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