Charging Order? The myth

eggbox

mitch123

Unfortunately, it looks like you're going to have to shake a few people up to get some proper help on this.

First things first, though; do you know if Sig Ltd ever had the CCJ that Asphaltic Roofing obtained reassigned to them by a Court? If they did then your partner should have been notified by the Court. If, as I suspect they haven't (as they probably don't realise they had to) then you can forget about Sig as they don't own the debt?

If a company takes over another company it doesn't, automatically, have any legal judgments transferred to them that the company being taken over obtained. Debt Collection Agencies have to go through the same, Court reassignment process, when they buy debts off other creditors such as banks.

Asphaltic is still showing as the CO beneficiary on the deeds which, normally, wouldn't be so if the debt had been reassigned? So I'd be inclined to apply to the Court to get the CO removed on the basis you have evidence it was settled (Barnett's statement) when you last remorgtgaged?

To help you with this, I would also contact your mortgage lender with a copy of your deeds. Explain to them that you believe you settled the Charging Order but something's gone wrong as the CO is still showing on your deeds? Explain to them they would have, surely, insisted on the removal of the CO before granting your loan as they would insist on being the first charge holder in order to have power of sale?

They will see from your deeds they aren't the first charge on the register, as Asphaltic Roofings charge precedes theirs? This should jolt them into some sort of action as they are in danger of losing their money if you ever defaulted?

Without taking this action you are, most likely, just going to continue going round and round in circles?

mitch123

Thanks Eggbox

SIC Plc did not apply to the court, charge is still in Asphaltics name.

I will follow your advice , wow �� I have a plan of action , so grateful.

Can I ask you if ‘deeds’ is the same as ‘Register of title’ as I purchase a copy ? If it is and you understand such documents can I attach for you to look at?

Secondly how do I apply to the court? Also when I last contacted the courts they emailed back saying

‘Thank you for your email. Unfortunately as this file dates back to 1993, the original file has probably been destroyed and we do not have any electronic copies of documents.’

Thank you for sharing your knowledge Eggbox

mitch123

I am still getting use to this site and posted reice

eggbox

mitch123

You apply to have the Charging Order discharged using form N443 you can get a copy HERE

The fee used to be £15.00 but the Court will advise if that's changed?

But I'd contact you mortgage lender before you apply as they might have some more corroborating evidence which, being notified they aren't the first charge holder, might give them the incentive to get off their ar*es and find?

But if not make the application using Barnett's statement and see what the Court comes back with? They'll write to the creditor but it will depend on how the Court deals with the fact Asphaltic are no longer trading that will, probably, determine if the application is succesful or not?

But you have nothing to lose by applying and it might just do the trick? If it doesn't it will, hopefully, should supply an answer to what needs to be done? Good luck!

Potemkin

A minor update for those who are even (vaguely) interested in how I am going to get my CCJ Interim Charging Order cooked up by my vicious ex-sister-in-law revoked.

I am seeing a (hopefully) good solicitor on Tuesday and I am going to ask him if we can go for the viper's throat. Before my brother died his daughter invoked a cruel deception on him and stole £18,000 from him by taking out credit cards and loans in his name whilst he was in Australia. I asked my brother if his ex-wife (my ex-sister-in-law) knew about it. "Probably" he said. "I find it difficult to believe that my daughter A could have done this without her mother P knowing ..." So my ex-sister-in-law was either a party to the fraud OR was an accessory after the fact, but in any case it was a criminal offence and should have been reported to the police. Let's see how she responds to a deal to set aside my CCJ (at her cost) in return for her and her deceitful daughter not serving a prison sentence ....

Vegan64

And yes, the restriction registered is a Form A which will relate to your request to the Land Registry[/QUOTE]

Can the Form A be reversed?

eggbox

Vegan64 wrote: »

Can the Form A be reversed?

Do you mean removed?

Vegan64

Sorry eggbox. Yes, I mean can it be removed.

Vegan64

The lender who agreed in principal have agreed that if the Form A is removed they will still re-mortgage to me. Should I complete a Form RX1?

eggbox

That's good but it's an RX3 Form you need.

Some help for you HERE