Charging Order? The myth

Land_Registry

eggbox said:

Can you signpost with a link where it says that please? 

HERE 
Click "Member of the Public" and 4th question down on next page

Many thanks - I’ll put my pins colada down and see if we can improve it 

Idris123

Hi
Hoping someone can help. 

My late father had a charging order placed on his house - land registry shows this was in favour of Arrow Global. Numerous emails and conversations later and I’m no where near having this order removed. Arrow’s last email said the debt was sold to Pamplona and I need to contact them. Sick of getting passed pillar to post - the Iva was completed years ago - no wonder dad was sick of dealing with these muppets. Land registry show’s the house remains in dad’s name and the charging order remains. 

Any help/guidance would be great as I’m lost as to who I should be contacting next (can’t find any contact details for Pamplona)

Thanks
Idris

eggbox

Hi Idris try HERE

eggbox

Land Registry Rep
If you are around could I beg your help again on the previous transfer I asked you to check on (SF69135), please?
It's not just to check the progress its because the SDLT form has been omitted in error. I have to take the blame on this as I advised SDLP was currently waived by the Government due to the covid crisis. Unfortunately, I didn't realise it didn't apply to secondary home purchases which this will, technically, be and there is a 3% SDLT fee to still pay. 

Therefore, could I ask if its possible the payment could be forwarded as we're assuming the application still hasn't been looked at as there would have been notification of the omission of the SDLT payment? Any help gratefully received?

Land_Registry

eggbox said:

Land Registry Rep
If you are around could I beg your help again on the previous transfer I asked you to check on (SF69135), please?
It's not just to check the progress its because the SDLT form has been omitted in error. I have to take the blame on this as I advised SDLP was currently waived by the Government due to the covid crisis. Unfortunately, I didn't realise it didn't apply to secondary home purchases which this will, technically, be and there is a 3% SDLT fee to still pay. 

Therefore, could I ask if its possible the payment could be forwarded as we're assuming the application still hasn't been looked at as there would have been notification of the omission of the SDLT payment? Any help gratefully received?

The application is still waiting to be processed. I’m unsure though what you mean ‘if it’s possible the payment could be forwarded.....’ ? 

When the application is considered the caseworker will consider the SDLT aspect and request details as appropriate. There’s no payment involved at our end so are you perhaps suggesting we hold fire until you’ve confirmed things with HMRC. If you are then that’s not necessary as you would simply reply once sorted. 

eggbox

Thanks Land Registry and yes that is what I was suggesting. I understand the Land Registry doesn't take the payment as its made to HMRC however, given the delays in processing, would it not move things along quicker if the information was sent in straight away, rather than waiting for it to be requested, as the information would be on hand when the application was processed? 

Land_Registry

eggbox said:

Thanks Land Registry and yes that is what I was suggesting. I understand the Land Registry doesn't take the payment as its made to HMRC however, given the delays in processing, would it not move things along quicker if the information was sent in straight away, rather than waiting for it to be requested, as the information would be on hand when the application was processed? 

Yes. So if you now have the required info send it in to the same address you used to submit the application 

eggbox

Thank you again!

Arefer

Dear Land Registry,

I’m purchasing a property for value from the two registered owners of the property. There is a Restriction on the deeds with the following wording:

RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, 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 XXXXX Bank Plc at c/o Irwin Mitchell LLP, Bauhaus, Rossetti Place, 27 Quay Street, Manchester M3 4AW (Reference XXXXX), being the person with the benefit of an interim charging order on the beneficial interest of XXXXX (Owner 2) made by the XXXXX County Court on DD MM YY (Court reference XXXXX).

I’ve a few queries as follows and would be grateful for clarification:

1. Is this a Form K Restriction which could be overreached and automatically removed by Land Registry at transfer registration, provided the terms of the Restriction has been complied with, namely notice of disposition sent to the restriction holder and confirmation certificate provided as evidence. Property is being purchased for valuable consideration from the two registered owners by myself.

2. Should the notice of disposition be sent to the restriction holder (and confirmation certificate provided to LR) by the buyer or the seller?

3. When should the notice of disposition (transfer) be sent to the restriction holder - after the transfer has completed or beforehand? I was thinking of sending it on completion date, after I receive confirmation that the transfer has gone ahead successfully.

Thank you, and look forward to hearing from you.

Land_Registry

1. It is overreached if complied with in the scenario as explained. 

2. Restriction holder and confirmation as per restriction wording then provided by the purchaser/their conveyancer on application to register the purchase 
3. It doesn’t specify when so largely up to the purchaser/their conveyancer but it seems prudent to do it once completed and of course before you then apply to update the register 
I note you’ve posted the identical Q on our Land Registry thread. So I’ve simply copied and pasted the same response there