Charging Order? The myth

Rileybaby

eggbox wrote: »

Look around posts #942

Sorry to be a pain Eggbo x. I've just read a few pages before & after and can't see what your pointing me too sorry. Any further help?

weimimamma

Just had call from my solicitor who has advised the other sides issue is that the people with the restrictions may turn up at the property for their money after we have left. Well how stupid they haven't turned up on my doorstep in 6 years !

Our solicitor thinks it may be worth us offering to send out the letters to advise of the sale and also put our forwarding address on them to ensure they know where to find us. She is going to speak to another solicitor in the firm to see if he has any other suggestions as although they agree with me it's the other side as we have heard so often.

Make or break time

eggbox

Rileybaby- message wasn't for you!

Weimmimama - On the continuing saga of how stupid can some Solicitors be? You just need to explain to the halfwit acting for your buyers that, as they have to inform your creditors you are selling the house as part of the Restriction terms; then the creditors will know you won't be living there anymore!

(I'm on mobile, too, now so do a search for Brightonian in the "thread search" at the top of this page)

Rileybaby

eggbox wrote: »

Rileybaby- message wasn't for you!

Sorry eggbox

weimimamma

Well we are still waiting for the buyers solicitors to come up with a half way suggestion as to how we can move past their request for us to foot a £500 bill for them sending out the necessary letters/notice to adhere to the wording on the form k's our solicitor told them to take a hike and he will send out the notices.

Our solicitor called them this morning to be advised they did not wish to discuss things over the phone and will be sending an email with their requirements !! whatever they will be im not sure.

In between this we received a call from the estate agents advising they had done what they could reassure our purchaser as said solicitor has advised them if the restrictions are not cleared before exchange then to pull out and apparently the buyer still wants to buy our house and was told that they would have to sign a disclaimer letter or something to say they had gone against their solicitors advice. Since then we have heard nothing so will wait to see what next week brings

I refused to be bullied by their solicitor and thankfully our solicitor is well briefed and on our side and in total agreement with us.

Lets see how/if we can salvage this I think it shows that it doesnt matter how far you go to get a good solicitor who knows their stuff if you have a crap solicitor the other side they have the power to possibly ruin everything!

eggbox

Weimmimama

It's a good sign the buyers still want to proceed against their own Solicitors advice so fingers crossed?

Just a word of caution, though (and Land Regustry Rep can confirm this); but LRR has always said it's the wording of the Restriction that's crucial? So, as the wording states it has to be, either, the buyers themselves or their Solicitor that has to notify the creditor and, also, certify to the Land Registry that they have done so; then that has to happen or the Restrictions won't be removed.

I know, technically, it shouldn't matter who confirms to the creditor/LR, but I would get LR to clarify as you don't want any hiccups given their Solicitors awkwardness?

The good news, however, is the wording says, either, the buyer or their representative can do this task? So given the buyers stated enthusiasm to proceed, you can point this fact out to them that they can sort this simple task very easily.

weimimamma

Thanks eggbox. And if the LRR could clarify this.

I don't really want to fork out 500 quid to their solicitor for letters but st this stage if that will keep them sweet and just make things happen I will pay this.

I think it all rests on how badly the FTB wants the house

DAKOTA45

weimimamma wrote: »

thanks eggbox. And if the lrr could clarify this.

I don't really want to fork out 500 quid to their solicitor for letters but st this stage if that will keep them sweet and just make things happen i will pay this.

I think it all rests on how badly the ftb wants the house

good luck!! D45

eggbox

weimimamma wrote: »

Thanks eggbox. And if the LRR could clarify this.

I don't really want to fork out 500 quid to their solicitor for letters but st this stage if that will keep them sweet and just make things happen I will pay this.

I think it all rests on how badly the FTB wants the house

Its a tricky one as all the buyers side has to do is send a recorded delivery letter to the creditor and then send that as part of the "certificate" of proof to the Land Registry (so the Solicitor is definitely taking the p*ss as it should be included in his normal fees!)

But paying the £500 will probably mean you get to keep several thousands of pounds instead? So it may be better to a pragmatic view and just pay it if it greases the palms sufficiently to see the deal through (But I would certainly try a compromise of £250-00 before paying the £500?)

weimimamma

I will see what sols has to say tomorrow and keep you posted.