Charge on property

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Post by chrisnbarb » Sat Oct 17, 2020 4:33 pm
Hi Had a letter from Shoesmiths today about making a plan to repay my debt, My self and my late husband completed an iva in 2014 due to his death ,Have completion certificate' Alliance and Leicester was among the creditors but a charge was put on my house. Spoke to credit fix and was told it would be removed in 2014.So after the completion certificate was issued ,I thought this was the end. But today got letter today about repaying debt .as they have a charge on my home, which I thought was removed by creditfix back in 2014.Creditfix told me it would be sorted .I had a stroke at Christmas and don,t' need the stress. What do I do any advice Please?


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Post by Foggy » Sat Oct 17, 2020 5:24 pm
If CF said it would be sorted I would get on to them and ask them to sort it --- if they fail to do so you can make a formal complaint to CF which you can then refer to their regulatory body.

What can be done otherwise depends on what this charge actually is.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014


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Post by WallE » Mon Oct 19, 2020 7:15 pm
It very much depends on two things...

1) when the charge was placed. If it was after the IVA was approved you might be able to get it removed etc, as the debt would have been bound by the arrangement.

2) whether it was ever made final. If it was an interim charge it wouldn't be secured on the property, however if the charge was made final it would be a secured debt.

If the charge was made final prior to the IVA being approved it would be a secured debt and therefore not bound by the IVA.

You need to find out from the creditor if it is a final charge and when it was placed. I would say ask creditfix but you'd be quicker getting blood out of a stone.
I work for one of the UK's biggest Insolvency Practitioners. All posts I make are my own thoughts and/or opinion and are not the views of my employer. None of my posts constitute legal advice and should not be taken as such.
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