Charging Order? The myth

kookykathryn

[FONT=&quot] thanks but still no luck :-(
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[FONT=&quot]I have just emailed the guy at land registry too and quoted the info, he said:[/FONT]

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[FONT=&quot]No, not in the instance of the second restriction as it states that a certificate signed on behalf of British Credit Trust Limited must be supplied that written notice was given to them.[/FONT]

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[FONT=&quot]so without the certificate signed by them we cant sell!
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eggbox

"No disposition of the registered estate is to
be completed by registration without a certificate signed on behalf of
British Credit Trust Limited or its solicitors that written notice of
the disposition was given to the said British Credit Trust"


Your Solicitor sounds extremely poor. The above is just stating what ALL form K Restrictions state in that written notice must be given to the creditor to allow the terms of the Restriction to be met. A signed for recorded delivery slip from anyone who worked for BCT would suffice as the "certificate" for this if notification of the sale was given to them in that manner.


Just tell them to contact the Land Registry and they will confirm this is all that is required.

kookykathryn

sorry its land registry who said that not my solicitor?

eggbox

My mistake, you did say it was the Land Registry in the post!


Can I just ask what "exactly" it was you asked the Land Registry as they are sensitive about not being seen to give advice so they can't "help" in what you are trying to achieve.

kookykathryn

I just said that we gave notice and that has been acknowledged but they wont give this 'certificate' and have we done enough to satisfy the terms as we can prove notice was served, the response was:

[FONT=&quot]No, not in the instance of the second restriction as it states that a certificate signed on behalf of British Credit Trust Limited must be supplied that written notice was given to them.[/FONT]

eggbox

How was the notice of the sale acknowledged? I know it seems pedantic (and a bit unhelpful) but the LR require proof that the creditor was notified in a written form.


A "certificate" is only a written record of the notice and a recorded, signed for delivery slip should suffice (but the LR can't tell you that as it's advice!!)


If you ask the LR if the above is sufficient to act as a certificate they should say yes. If they say no (which they shouldn't) you need to ask in what form the "certificate" needs to be.

kookykathryn

I emailed them and so did my solicitor and asked if they got the letter and notice and they did respond saying they did but wont agree to remove restrictions.

kookykathryn

just asked land registry if written notice in the form of recorded delivery slip would suffice and this is the response:

[FONT=&quot]No, they would need to supply you with the appropriate signed certificate.[/FONT]

eggbox

Unfortunately, that contradicts their own advice given in the Landnet guidance form which, as I posted earlier, states,


"An applicant seeking to register a disposition can easily comply with this restriction by sending a notice to the address specified and supplying the necessary certificate?


The "necessary certificate" is just verifiable proof they have been notified (hopefully, Land Registry Rep can clarify this?). But in any case, the terms of the Restriction do not allow BCT to disagree to the Restrictions removal; it just requires them to be notified and a "certificate" signed by them to that effect. If your Solicitor gives an undertaking to the Land Registry that BCT has received and acknowledged this, it would have to be accepted by the Land Registry.

kookykathryn

Ok thanks is that in land registry guide 19 that you mentioned earlier?