Charging Order? The myth

eggbox

Lurking Lawyer

It's always difficult to understand what a post like yours is seeking to achieve? Especially, given the length and the use of terms such as "promulgates" and "look in the abstract"? I mean, come on; have you actually read any of this thread?

I suspect not as, if you had, you would know for yourself it's a, fairly, pointless explanation to give? After the way many board members have been treated by Solicitors; I think very few give a monkey's for the niceties of what the "nature" of the SRA's role is?

Instead, they prefer help by whatever means is available and they now have that after the SRA (after a little pressure) responded;

If you have concerns about a solicitor or firm of solicitors that we regulate you will need to submit a report form to us highlighting your concerns and attach any supporting evidence

I may be wrong but from your moniker and the over detailed explanation posted; I suspect you work in a firm of Solicitors and have the need to explain how the Law works to the great unwashed?

Well fear not as we're doing fine by ourselves

kaggzy1763

hi sorry I posted somewhere else and got told my question had been answered many times and directed here but there are so many posts! please if anyone could help

Hi I had some unpaid credit cards and ended up with a CCJ and charges placed on my home. Its been a long couple of years but finally I have managed to clear both debts which were managed by Restons Solicitors. I have spent two weeks trying to get in touch with Restons and finally spoke to somebody today about having the charges on my home removed they informed me if I want the charges removed I would have to pay £120 for each charge and until then the charges would remain on my home. The £120 is apparently to cover the paperwork? Does this sound right? I know its not alot but I have just begged and borrowed 5 grand to clear it all and now I have to wait till I can scrape together another £240.
Thank you

eggbox

kaggzy1763

Restons are a, particularly, obnoxious bunch of reptiles and anything they tell you should not be trusted without verifying elsewhere first.

Can you let us know if you are the sole owner of the property or if the property is jointly owned as this will determine how the "charge" has to be dealt with? If you are a joint owner (but you are the sole debtor) you will have a restriction placed on the deeds and you can apply, yourself, to have the restriction removed by making an application to the Land Registry using an RX3 form.

If you are a sole owner the the charge will have been made against the legal estate but, hopefully, Land Registry Rep can weigh in with the simplest (and cheapest) way to remove a charge made in that form?

kaggzy1763

Hi thank you for your reply I am a joint owner and the debts were both just in my name.

eggbox

kaggzy1763 wrote: »

Hi thank you for your reply I am a joint owner and the debts were both just in my name.

If the you only have Restrictions you can apply to the Land Registry using form RX3 requesting removal of the Restriction with the accompanying proof the Charging Order debt amount has been paid (or if you've agreed a lower amount a Full and Final settlement letter from Restons)

Don't let Restons con you into thinking any fee is required to remove the "charge" as you don't have a charge registered on your deeds; only notification that a CO exists against your share of the equity in the property.

The CCJ you acquired will stay on your credit file for six years from the date granted whether you pay the debt or not (unless its less than 30 days old?)

But the CCJ also drops off your credit file, automatically, after six years whether the debt has been paid or not.

kaggzy1763

Hi thank you for your reply I am a joint owner and the debts were both just in my name.
If the you only have Restrictions you can apply to the Land Registry using form RX3 requesting removal of the Restriction with the accompanying proof the Charging Order debt amount has been paid (or if you've agreed a lower amount a Full and Final settlement letter from Restons)

Don't let Restons con you into thinking any fee is required to remove the "charge" as you don't have a charge registered on your deeds; only notification that a CO exists against your share of the equity in the property.

The CCJ you acquired will stay on your credit file for six years from the date granted whether you pay the debt or not (unless its less than 30 days old?)

But the CCJ also drops off your credit file, automatically, after six years whether the debt has been paid or not.

Thank you so much I have paid the full amount but as yet haven't had anything off Restons stating that I have paid it, so I guess I will try and get some kind of letter of them that I can use as proof and then fill out the RX3. Thank you again x

eggbox

kaggzy1763 wrote: »

Thank you so much I have paid the full amount but as yet haven't had anything off Restons stating that I have paid it, so I guess I will try and get some kind of letter of them that I can use as proof and then fill out the RX3. Thank you again x

Make sure you keep records of what and how you have paid the money until Restons have supplied confirmation the payment amount has settled the debt in Full and is Final.

For anyone else reading this in a similar position and thinking of paying off the debt owed; don't pay anything until you receive confirmation from the creditor that the amount you have agreed to pay will be received as a "Full and Final" settlement for the debt from the creditor.

Lurking_Lawyer

eggbox wrote: »

Lurking Lawyer

It's always difficult to understand what a post like yours is seeking to achieve?

I wasn't trying to achieve anything other than explain why your apparent frustration with the SRA was misplaced, in a similar way to how the Land Registry Rep has commented on HMLR practice.


"Great unwashed" was your phrase, not mine. I certainly don't regard clients that way.


(FWIW, I am a litigation solicitor but I don't act for consumer lenders or anyone to whom they have sold debts. I happened across this thread from a vaguely related Google search and read through the first couple of pages and then the last few out of interest.)

eggbox

Lurking_Lawyer wrote: »

I wasn't trying to achieve anything other than explain why your apparent frustration with the SRA was misplaced

And I responded why your explanation was misplaced as it was, neither, valid or helpful to the people who need the most help from organisations like the SRA.

As with many many organisations of this type, they often have to be dragged kicking and screaming to provide any help to the general public. But as sourcrates pointed out in an earlier post; persistence with these organisations can pay off as has been demonstrated on this thread.

HMLR does operate, in my opinion, in the same manner I suggest above; however, the person you refer to is an example of how organisations can communicate and help the general public, to repeat again; if the will is there!

jayne7868

Hi reading this thread with Great interest..

I have a Landmark ( ex Nrock Mortgage) - Been doing loads to raise the profile of people stuck on high SVR.

After an artical appeared in the Sun i was contacted by nat west who ran some numbers and have said the CAN offer me a mortgge.

I have my title deed

It says B : Proprietordship Register

1 - Me and hubby

2 - Price paid

3 - RESTRICTION - No transfer or lease of the registered estate by written proprietor of the regestered estate is to be registered without a written consent signed by the proprietor for the time being of the charge Dated ( date i bough the house 2006) in favour of Land mark mortgages Ltd referred to in the charges regester.

4 - RESTRICTION No disposition of the regeistered estate, other than a disposition by the proprioder of any registered charge registered before entry of this restrtiction, 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 the ++++++y on behalf of the ++++ at ( address) being the person with the benifit of a final charging order on the benificial interest of ( hubbys name ) mede by the ( court date and ref)

Should Landmark be on my mortgae as a restriction -

The other one is old - How do i find out the amount etc?? and will thease stop me from remortgaging to a new company to get off LM SVR?

many thanks