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ex's debt - collection agency say they can have charge on our house. HELP

7 replies

keeplaughing · 25/03/2011 22:54

Can anyone help? in the middle of divorce, soon to be ex DH has finally moved out. I am in the middle of mortgage application to buy him out. Long story but have just found out that a (nother) debt collection agency is after him. This one is called Metropolitan and is the agency used / owned by HSBC. It is on his personal account but we also have other (soon to be closed ) joint accounts with HSBC. The letter says they intend to instruct solicitors to issue legal proceedings and apply for a charging order against our property. Can they?? does it mean he has a secured loan on the house?
The mortgage is not with this bank, btw.

OP posts:
Collaborate · 25/03/2011 23:30

You must tell your solicitor to apply immediately to the Land Registry to register your claim against his half interest in the property as a notice. This will mean that if the bank gets a charging order only after your notice, then they will have to get in the queue behind you and if you get all of the house then they'll get nothing. It only costs £40. Don't let them tell you you can't do it as you're joint owners. You can. I've done it before. It's saved clients of mine on a number of occasions.
You can only do this if either you are the Petitioner or you have applied for financial relief.

Collaborate · 25/03/2011 23:31

Btw he hasn't got a secured loan, but he has defaulted on an unsecured one.

babybarrister · 27/03/2011 18:19

This reply has been deleted

Message withdrawn at poster's request.

freshmint · 27/03/2011 18:36

What collaborate says but I would add that you should fend them off as much as you can and remortgage/buy him out immediately - if he no longer owns it they can't charge it and that would be easier.

CarGirl · 28/03/2011 17:52

Under the circumstances if you defend it it you may well get a court not permitting the charge to go ahead.

Although if you are buying him out and giving him £££££££££££££ they can arrange to claim against that money.

Collaborate · 28/03/2011 18:36

No need to defend the charge if you get the notice in at the land reg.

CarGirl · 28/03/2011 18:38

good news, quick get that notice in - hand deliver it same day if you can!

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