Interim Charging Order on Property was never changed to a Final Charging Order If an Interim Charging Order on a property was never updated to a Final Charging Order can I get it removed? It has been over 13 years. Edit to add more detail. The creditor managed to sneak the interim charging order in the day before my bankruptcy hearing. So literally the very next day I was declared bankrupt. This was back in October 2009 and I am in England &amp; Wales. I have not heard from the creditor since 2009, the debt has not been paid off, and as I say the interim charge was never made in to a final charge on the property title. Thanks for the help!
I suspect what has happened is the court has set aside, or refused to enter, a Final Charging Order because you were made bankrupt before the Final Charging Order could be issued. In Nationwide Building Society v Wright [2009] EWCA Civ 811 the Court of Appeal held that bankruptcy was a barrier to a Final Charging Order being issued if the bankruptcy commenced before the Final Charging Order could be issued. On the facts in your question, it is clear that no such Final Charging Order was issued before the bankruptcy commenced. An Interim Charging Order will by necessity end unless a Final Charging Order is made. Since no such Order was made, it would seem that the Interim Charging Order has ended: the interim order is designed to stop someone from disposing of assets until the court can decide whether a final order is necessary. If no final order is made, the interim order dies with it. A check on the Land Registry against the property would be needed to ensure that any notices or restrictions have been removed. If they are still present against the property's entry, an application to have them removed will have to be filed. Furthermore, the Limitation Act 1980 provides a time limit of six or twelve years (cause of action dependent) for the creditor to take action to enforce their rights. In relation to enforcing judgments, the creditor has six years from the date of judgment to enforce it (Section 24 of the Limitation Act 1980) In relation to recovering money secured by a charge or to recover the proceeds relating to a sale of land, the creditor has twelve years from the date that their right to receive the money started (Section 20 of the Limitation Act 1980) In either case, even if a Final Charging Order were able to be made in these circumstances, it is possible to argue that the relevant sections of the Limitation Act 1980 prevent the creditor from pursuing any right of action and so the debt (and any enforcement action) is statute-barred.
Give the contract language now included in the question, it seems that payment is not due until after the invoice is submitted. I don't see any obligation on the homeowner's part to prompt the contractor to submit the invoice, nor to pay until it is submitted. It might be well to keep a sum reserved so that a late invoice will not find the homeowner with a cash flow problem leading to a default, which could allow the contractor to claim damages or file a lien. But I don't see how a lien can be field before the invoice is delivered, because the payment is not due until 30 days after the invoice date, and no lien can be field until payment is overdue. It seems that the warranty on the work is not in effect until after final payment is made. If there is any reason to consider a warranty claim, it might be desirable to get and pay the invoice.
I assume this is &quot;Managed Payment to Landlord&quot; (MPTL) for the tenant's Universal Credit and/or Discretionary Housing Payment, as opposed to for &quot;Housing Benefit&quot; per se, since most people are now on UC instead of HB. But in any case the period of imprisonment is long enough to affect Bob's eligibility. Under the Universal Credit Regulations 2013, Schedule 3, Bob is no longer occupying the property since their absence is expected to be for more than six months; in fact, they lose UC entirely and are meant to reapply when they get out. If this is Housing Benefit then the entitlement ends for being expected to be in prison for 13 weeks or more; see the Housing Benefit Regulations 2006, regulation 7. That's a generic rule for absence, whereas there's a 52-week allowance for pre-trial custody, and some variations for release on probation. DHP top-ups from the local authority follow the same rules. In any event, 2.5 years, even taking into account the anticipated release at the halfway point, is more than any of those thresholds. The claimant is meant to report changes of this kind, but since Alice are receiving the money directly, she is also responsible for informing the government of any relevant changes. See guidance at 10.2, Whilst a MPTL is in place the landlord must notify the department of any changes which a landlord can be reasonably expected to know which might affect the claimant’s entitlement to Universal Credit and the amount awarded. For example, the claimant changes address. When a claimant changes address the MPTL APA will cease from the end of the assessment period before the claimant changed address. If your tenant moves home and you need to end a MPTL, please contact the service centre immediately on 0800 328 5644. As noted below, and following the Social Security Administration Act 1992, sections 71 and 75, If the MPTL is overpaid due to a change that has not been reported by either the claimant or the landlord, the landlord may be asked to repay the overpaid benefit. Universal Credit payments are made every calendar month and take account of changes during that month. It may be that Bob has already done their side of things but the system hasn't caught up yet. In any case, Alice is not entitled to continuing payments and the government has various means to get the money back. Sections 111A and 112 of the 1992 Act (which applies to UC as well) make it a criminal offence for Alice to fail to notify the government about a change of circumstances that affects her right to receive payments. (Simplifying the statutory language a little - Alice is &quot;the recipient&quot; in the context of the full text and Bob is &quot;the claimant&quot;, and there are various other conditions about your state of knowledge and intention.) This is not to say that it would necessarily be pursued as a criminal matter, but that possibility exists in principle.
I assume the lease does not clarify what the effective date for cancellation of utilities should be: when you "officially abandon" the property, or when the 30-day notice elapses. Who is responsible for the damage? At least under a principle of equity, the landlord is responsible for the damages. That is because, once you have returned the keys and officially abandoned the property, you have no control on how or whether utilities are consumed or (ab-)used thereafter. For instance, if sometime after the 30th of July a person breaks in that rental unit and extracts tremendous quantities of power or gas, that would lead to the inequitable outcome that the utilities company would charge you if your name is still in the utilities company's records. Similarly, it would be unreasonable and inequitable to expect you to essentially insure the landlord (by keeping your name on the utilities) despite his full awareness that you no longer are there.
A lien is used to prevent sale of a property until a debt is paid. This has nothing to do with priority over a mortgage. The HOA agreed to release the lien for some payment. The negotiation of that payment doesn't matter to the new buyer. Once the lien is released, then it is no longer listed with the county on the property, so the property can now be sold. The former lienholder cannot now apply a new lien to the property because the new owner is not a debtor to the former lienholder. This would be a terrible way to manage property sales, and no mortgage company would allow a mortgage for a property that could not be sold in case of foreclosure, which is likely why the mortgage holder was a private individual. It is possible for a new owner to take on existing liens, but this would be clearly spelled out in purchase documents. There should be a statement on the title search results that no liens exist.
If the question is: "Did she call you and talk about two business contracts? " then this is not hearsay. We have a witness, standing in court, saying that exactly these things happened - that she called, and that she talked about those deals. If the question is: "Did the company sign two business deals that day? " then it is hearsay. We know that she said two deals were signed, because we have a witness for that, but that doesn't mean she said the truth. She could have lied about that. We don't have a witness standing in court saying that the deals were signed. We have a witness in court saying that he heard someone say the deals were signed. In a libel case where Jim sues Joe for libel, a witness says "Joe told me that Jim is a lying thief". That's absolutely not hearsay in a libel case about Joe spreading false rumours. The exact same statement by the exact same witness would be hearsay if someone tried to convict Jim for theft.
Until it was found to be unconstitutional, Florida had a law against surcharges for using a credit card (the statute is still on the books, however). That was the only law against &quot;convenience fees&quot; related to making payments. Whether or not a business will accept a particular form of payment (check, credit card, money order, traveler's check, cash) is up to business. Apart from credit cards, there has been no law against charging for accepting a particular form of payment, but that charge would have to be part of the contract – the lease would have to specify in advance what the processing fee is for money orders vs. cash vs. credit card. The residential tenancies law of Florida does not prohibit incorporating fees into the terms of a lease (as some states do), so the lease can specify &quot;$1500 for rent plus $10 for payment-processing, every month&quot;.
"There's no ... contract" - wrong! The emails are the contract, see What is a contract and what is required for them to be valid? If you didn't agree on which laws will apply then that is a matter for the court to determine. In general, they will tend to look at where the bulk of the work was done - since you are being charged I assume the work was done in the UK so probably UK law applies, noting that the UK is actually 3 different jurisdictions (England &amp; Wales, Scotland and Northern Ireland). That said, many jurisdictions have non-excludable laws around contracts, particularly consumer contracts that apply irrespective of the substantial law applying to the contract. It is therefore possible that you apply English contract law subject to, for example, Australian Consumer Law. Usually any consumer protection law in the vendor's jurisdiction will also apply. General contract law dictates that where a price was not agreed a reasonable price must be paid. If its reasonable that the editing should have been included in the original price charged then you don't have to pay more but if it isn't then you have to pay a reasonable amount for it. There is generally no requirement for estimates or any other method of determining the price - you just have to do what's reasonable. However, consumer protection law generally imposes more obligations on a business than general contract law. It is likely that your contract is ambiguous - courts will endeavor to fill in any ambiguities to make the contract work. techniques include read in implied terms to give "business efficiency", from custom or business usage (e.g. if particular industries typically deal with particular issues in particular ways), from previous dealings (i.e. what the parties have done in the past), from statutes, whatever works to resolve uncertain, meaningless or ambiguous terms, from the express words used or from the nature of the contract or from the common intention of the parties (i.e. the court might ask you what you meant). "Breach of contract" is a very broad term - it simply means that one of the parties hasn't done what they were required to do and allows the other party to sue for damages.