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  • FIRST POST
    • amandawhit
    • By amandawhit 21st Sep 16, 10:04 PM
    • 3Posts
    • 0Thanks
    amandawhit
    Discharge a Restriction Charge on Property
    • #1
    • 21st Sep 16, 10:04 PM
    Discharge a Restriction Charge on Property 21st Sep 16 at 10:04 PM
    Does anyone have any advice please regarding Fredrickson International please? They own a Capital One credit card debt which has been entered as a restriction charge on my property. We are in the process of selling the house and the conveyancers have chased Fredrickson numerous times during a 3-week period for a redemption figure to discharge the restriction (a normal request would ten 48 hours). They are ignoring our requests and we have barely hours left before the whole chain falls apart because they are failing to supply the necessary information for the house chain to proceed. We have explored every avenue, including contacting the Court that entered the charge restriction. Does anyone have any procedural advice and what we can do? Our conveyancers say they have never been in this predicament where a creditor is not complying with their request. Our family is distraught.
Page 1
    • sourcrates
    • By sourcrates 21st Sep 16, 11:18 PM
    • 7,506 Posts
    • 7,443 Thanks
    sourcrates
    • #2
    • 21st Sep 16, 11:18 PM
    • #2
    • 21st Sep 16, 11:18 PM
    Give National Debtline a ring first thing in the morning, they should be able to advise you.

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
    • fatbelly
    • By fatbelly 22nd Sep 16, 8:20 AM
    • 9,864 Posts
    • 7,400 Thanks
    fatbelly
    • #3
    • 22nd Sep 16, 8:20 AM
    • #3
    • 22nd Sep 16, 8:20 AM
    If its a sole debt (as it would be - it's a credit card) on a jointly owned property then, as you say, it's a restriction.

    Your conveyancing solicitor needs to read the wording of the restriction and comply with it.

    Most are of a standard (Form K) form and do not require discharge of the debt - merely that a 'certificate' be given notifying the owner of the restriction of the impending sale.

    No disposition of the registered charge dated ...is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to ... being the person with the benefit of a charging order on the beneficial interest of ... made by the ... court on ...
    So he has probably already complied, and can proceed. The restriction will become 'overreached' when the sale goes through, and drop off the Land Registry record.

    Charging Orders? The Myth is all about this.
  • Land Registry representative
    • #4
    • 22nd Sep 16, 10:11 AM
    • #4
    • 22nd Sep 16, 10:11 AM
    As fatbelly posts the wording of the restriction is vital here - can you share the wording perhaps but with the names removed?

    And the Charging order - the myth thread can be found here
    ďOfficial Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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