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

Fal, you need to ask your mother to approach the court for copies of the possession order if she has not kept any. If the lender obtained a money Judgement at the same time as the repossession your mother is in danger of them applying for a charge on this property. If your monther needs to contact the former lender it is best to do by telephone, if any letters are written they must dispute the debt and be marked "without prejudice". She needs to see a copy of the Money Judgement if there is one.

You should also read the Debt Collectors Guide which can be found on the OFT web site. http://www.oft.gov.uk/News/Press+releases/2003/PN+97-03.htm

Eversheds will need to show that previous contact had been made within 6 years from the sale of the property, otherwise your mother falls within the CML policy.

Hope this helps Jane

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