Charging Order? The myth

Kri5hna

You are a star Eggbox,thank you again.:A
Hopefully LRR replies soon and I can get the process going.

Land_Registry

Kri5na see section 3.7.2 of our PG 19 as to the cancellation of a restriction https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

You need to explain why the restriction is no longer required. Easy where you have settled it of course

As the guide explains if the application is not made with the beneficiary's consent/involvement then we will most likely serve notice on them. We will only do that if the form RX3 and supporting evidence (if any) is sufficient

Eggbox is correct re the serving of the Notice on the details we have registered. The notice period is 15 business days.

The notice aspect is not automated so we will only serve once the RX3 has been considered and cancel at some point after the notice has time expired. That means it may not be considered for a few days after receipt or cancelled until a day or so after the 15th day

Kri5hna

Hi LRR,

Thank you for your reply.

I have settled one restriction and have the receipt and letter from the creditor. I will be sending as wveidence with a rx3 form.Please could you advise how long it takes for restriction to be removed after LR receive this? Is it done straight away or do they do the 15 day process,even with a letter and receipt from the creditor?

Thank you again for your help.

eggbox

Hi LRR

Can I ask if there are guide lines, regarding the evidence supplied on with an RX3, that the Land Registry are under an obligation to automatically refuse the removal of the Restriction?

DAKOTA45

Eggbox… how do you attach jpeg or PDF here, please? D45

eggbox

Click on the insert image icon below where it says message when you are typing an entry to the thread (hover your mouse over the icons and it will come up)

Land_Registry

Kri5hna wrote: »

Hi LRR,

Thank you for your reply.

I have settled one restriction and have the receipt and letter from the creditor. I will be sending as wveidence with a rx3 form.Please could you advise how long it takes for restriction to be removed after LR receive this? Is it done straight away or do they do the 15 day process,even with a letter and receipt from the creditor?

Thank you again for your help.

Every application is treated on merit and how quickly it is processed and whether Notices are served will depend on the specific circumstances.

Consideration normally takes between 7/10 business days
If you submit the applicaiton yourself along with the letter/receipt from the creditor I would expect us to then serve Notice and allow them 15 business days to reply

Land_Registry

eggbox wrote: »

Hi LRR

Can I ask if there are guide lines, regarding the evidence supplied on with an RX3, that the Land Registry are under an obligation to automatically refuse the removal of the Restriction?

There is no guidance above and beyond our Practice Guides, of which you are already aware.

Every application is treated on merit and considered not only on the basis of what is submitted but also what is registered.

I assume you really mean what sort of evidence would we expect to receive in support of an applicaiton to cancel a form K restriction, which is not automatically being cancelled when overreached.

If so we would expect the supporting evidence to be one of the following
* a court order discharging the charging order; or
* a form DS1, suitably amended; or
* a receipt for payment of the money secured.

If that evidence is not submitted then we would usually request it rather than automatically refuse an application.

But, and in the context of recent posts on this thread, if the application is simply that they have been unable to get hold of the creditor then that is likely to be rejected as it is clear that the debt exists albeit the creditor has not been reached.

DAKOTA45

Ok.../Users/Desktop/Form K.jpeg I don't think this will work, though…

It's a jpeg on my desktop… perhaps it needs to be in a different format… it's an imaged I have scanned…
D45

RMS2

DAKOTA45 wrote: »

Ok.../Users/Desktop/Form K.jpeg I don't think this will work, though…

It's a jpeg on my desktop… perhaps it needs to be in a different format… it's an imaged I have scanned…
D45

It wants a link, not a file.

https://postimage.io/ or similar.