Charging Order? The myth

eggbox

DAKOTA

Have sent you email response

DAKOTA45

eggbox wrote: »

DAKOTA

Have sent you email response

Thank you, Eggbox… have replied. D45

Sparkles69

Hi Eggbox, I have contacted the organisation (Investec) that own the restriction on my property, asking for someone to get in touch, to discuss it. As yet (1 week later) nothing. You mentioned something in an earlier reply about a SAR for information about the debt, I think you called it. How do I implement this please?
Thanks, S69
Also, thanks for the private message, Much appreciated!!

eggbox

Sparkles69

Go HERE and download the subject access request (SAR) template for the "public"

The company concerned are then required to supply all data processed regarding yourself, normally for the past 6 years, under the Data Protection Act within 40 days.

Sparkles69

Thank you, Eggbox!
Would this also tell me that if the other person with the same restriction (my ex business partner), who recently sold his house actually paid some or all the debt off? Or because he's a different person, but with the same restriction they don't have to tell me (paradoxical to me). They have previously refused to discuss him saying it's private to him. Making it a bit difficult for me.
Thanks, S69.

greencity

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to
[name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of
(name of judgment debtor) made by the (name of court) on (date) (Court reference ... ... ... ...).

I am filling this form for restriction and would like some help and what to write in the brackets

[name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of
(name of judgment debtor) made by the (name of court) on (date) (Court reference ... ... ... ...).

Who is the person with the benefit of he charging order
Address of service, what to write there
An intrim what to write there there
A final, what to write there
Name of judgment debtor, what to write there

Thank you for your help

eggbox

greencity

In what capacity and for what reason are you having to deal with the Restriction?

chkymonky

eggbox wrote: »

Thanks for the update LRR

CHKYMONKY

I would apply to the Court if the LR refuses to remove the Restriction (as they will most likely do because of what LRR has said) using form N244.

There is, unfortunately, a fee to pay (£225 I think from memory) but you request the Court to dismiss the order using the evidence you have that the DCA has closed the account. You also explain you are requesting the dismissal as, due to the above, you are unable to sell your house as you can't get the Restriction removed?

Hi Eggbox

Any good solicitor who can work on behalf of me and explain the remortgage lender aout the restriction (no need to pay)?

My mortgage offer is ready its stuck because lenders solicitor has diff intepretation of restriction and they want it to be clear.

since its a remortgage I was wondering if you know any solicitor who knows the rules and sort my mess.

Thanks

eggbox

CHKYMNKY

I'm afraid a Solicitor wouldn't be able to help on the re-mortgage problem as its the priority of the Restriction that the lenders Solicitor is objecting to and not the Restriction itself?

Mortgage lenders always require their charge to be the first charge on the Register (to enable power of sale if the house is repossessed) so any remortgage would require the removal of the Restrictions in order to enable the remortgage to be the first charge on your deeds.

At present any remortgage that was arranged, without the removal of the Restriction, means the lender is not guaranteed to recover the loan granted as they wouldn't have power of sale. As mortgage lenders are usually lending higher amounts that standard loans they are unlikely to be persuaded to take the risk of having a "second" charge?

Sparkles69

Hi Eggbox, can you advise on my question above please. I would like to know before implementing the SAR.
Thanks, S69.