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  • FIRST POST
    • Bigdog
    • By Bigdog 20th Sep 16, 6:26 PM
    • 8Posts
    • 1Thanks
    Bigdog
    Property legal charge
    • #1
    • 20th Sep 16, 6:26 PM
    Property legal charge 20th Sep 16 at 6:26 PM
    When I purchased my new build home in 1990, the builders paid my deposit which was repayable to the builders after two years. They put a charge on the property. There were many defects that were never resolved and I refused to pay back the deposit until the defects were rectified. The builders were taken over and I was chased for the money in 1993. The builders have been taken over three times in total and are now owned by Persimmon. The mortgage is paid but the charge still remains on the property in the name of the original house builder (Admiral Homes LTD). Is this charge enforceable and how do I get it taken off the deeds?
Page 1
    • G_M
    • By G_M 20th Sep 16, 7:12 PM
    • 36,017 Posts
    • 39,389 Thanks
    G_M
    • #2
    • 20th Sep 16, 7:12 PM
    • #2
    • 20th Sep 16, 7:12 PM
    When I purchased my new build home in 1990, the builders paid my deposit which was repayable to the builders after two years. They put a charge on the property. There were many defects that were never resolved and I refused to pay back the deposit until the defects were rectified. The builders were taken over and I was chased for the money in 1993. The builders have been taken over three times in total and are now owned by Persimmon. The mortgage is paid but the charge still remains on the property in the name of the original house builder (Admiral Homes LTD). Is this charge enforceable and how do I get it taken off the deeds?
    Originally posted by Bigdog
    Did you ever pay off he debt?

    If yes, contact Persimmon, explain (in case they don't realise) that they have taken over from Admiral, prove the debt was repaid, and ask them to remove the Charge.

    If no, pay the debt.
    • konark
    • By konark 21st Sep 16, 1:36 AM
    • 674 Posts
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    konark
    • #3
    • 21st Sep 16, 1:36 AM
    • #3
    • 21st Sep 16, 1:36 AM
    Were the defects ever rectified?

    Is the charge for a specific sum? This will be quite a small amount now
    Last edited by konark; 21-09-2016 at 1:44 AM.
    • Bigdog
    • By Bigdog 22nd Sep 16, 10:16 AM
    • 8 Posts
    • 1 Thanks
    Bigdog
    • #4
    • 22nd Sep 16, 10:16 AM
    • #4
    • 22nd Sep 16, 10:16 AM
    The debt wasn't repaid and the defects were never sorted.
    • G_M
    • By G_M 22nd Sep 16, 10:20 AM
    • 36,017 Posts
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    G_M
    • #5
    • 22nd Sep 16, 10:20 AM
    • #5
    • 22nd Sep 16, 10:20 AM
    ...... builders paid my deposit which was repayable to the builders after two years. They put a charge on the property. .......

    the charge still remains on the property ...

    Is this charge enforceable and how do I get it taken off the deeds?
    Originally posted by Bigdog
    The debt wasn't repaid
    Well that's a tricky one. I can't think of any solution (scratches head in confusion).
    • davidmcn
    • By davidmcn 22nd Sep 16, 10:33 AM
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    davidmcn
    • #6
    • 22nd Sep 16, 10:33 AM
    • #6
    • 22nd Sep 16, 10:33 AM
    The debt wasn't repaid and the defects were never sorted.
    Originally posted by Bigdog
    Then sounds like you'll need to repay the debt to remove the charge. Too late to do anything about the defects now, assuming you didn't go to court at the time.

    Looks like Admiral Homes Ltd is owned by Taylor Wimpey.
    • AnotherJoe
    • By AnotherJoe 22nd Sep 16, 12:38 PM
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    AnotherJoe
    • #7
    • 22nd Sep 16, 12:38 PM
    • #7
    • 22nd Sep 16, 12:38 PM
    One possibility is that all this has been lost in the mists of time and the moves through multiple takeovers.
    So send a letter to TW stating that many years ago Admiral Homes had a charge on the property which was never released after several takeovers, and please could they do this now.

    TW may have no records of the original reasons, because if they did you'd think they would be chasing for their money.
    • davidmcn
    • By davidmcn 22nd Sep 16, 12:53 PM
    • 3,450 Posts
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    davidmcn
    • #8
    • 22nd Sep 16, 12:53 PM
    • #8
    • 22nd Sep 16, 12:53 PM
    TW may have no records of the original reasons, because if they did you'd think they would be chasing for their money.
    Originally posted by AnotherJoe
    These things tend to work on the basis that they don't need to chase for their money - they just collect it when you sell. Don't know whether the OP still has details of what the agreement actually was.
    • AnotherJoe
    • By AnotherJoe 22nd Sep 16, 1:15 PM
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    AnotherJoe
    • #9
    • 22nd Sep 16, 1:15 PM
    • #9
    • 22nd Sep 16, 1:15 PM
    These things tend to work on the basis that they don't need to chase for their money - they just collect it when you sell. Don't know whether the OP still has details of what the agreement actually was.
    Originally posted by davidmcn
    I agree that's the likely chance, but its possible that over multiple takeovers records went astray so there's no harm the OP chancing his luck. If they do know and do want their money back, he's either going to have to restart the dispute or pay up, but if he wants to move he's got to resolve it one way or the other.

    Of course the OP will have put the money aside in a high interest bearing account so paying it off isn't financially wont be an issue. And inflation will (at a guess) have halved it since then so he's winning anyway, indeed with interest and inflation it will have essentially paid itself off.
    • Thrugelmir
    • By Thrugelmir 22nd Sep 16, 1:53 PM
    • 50,030 Posts
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    Thrugelmir
    Is this charge enforceable and how do I get it taken off the deeds?
    Originally posted by Bigdog
    What does the contract you signed say? Are there terms and conditions relating to the non repayment of the deposit, i.e. penalty clauses. From a legal perspective this is what matters. As there's no time limit.
    A man is rich who lives upon what he has. A man is poor who lives upon what is coming. A prudent man lives within his income, and saves against a rainy day.
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