Charging Order? The myth

KathrynConfused

One is for around £10,000. Then there are four others for much less, between £1000 and £2500. They're all around 16 years old too. Just a very bad time for us financially 

eggbox

KathrynConfused said:

One is for around £10,000. Then there are four others for much less, between £1000 and £2500. They're all around 16 years old too. Just a very bad time for us financially 

I understand and I know what I'm going to say is easier said than done. But I was just enquiring if it was worth pulling out of the sale as your Solicitor is entitled to stick to his priciples, however, there is nothing to stop you switching to a different Solicitor at a later date.

KathrynConfused

Thank you. We would consider doing that if we hadn't found the perfect house and need our sale to go through. I guess we'll just have to take it on the chin. At least we will be rid of the debts for once and for all.

KathrynConfused

I have contacted several other solicitors who all say these orders have to be repaid. At least I tried!

eggbox

Well if you have found the perfect house then taking it on the chin is probably the best option, unfortunately? If you have time, could you possibly PM me the solicitors that have helped posters on here but are now saying they aren't taking any more cases, please?

KathrynConfused

Yes, I'll do it now 

kellielangton75

Hi everyone,

Any help/advice you can give me will be really appreciated.

I've been reading all these posts and I still can't work out what to do for the best. 

I’m having a nightmare trying to sell my property. My solicitor has been working on this since June but seems to be clueless on all this.
I’ve paid different law sites online for advice on different things so I can pass them on to my solicitor but she is getting nowhere and I really don’t know what else I can do.

We have a buyer for our house an everything seemed to be going well when the buyers solicitor suddenly highlights charges on the property we knew nothing about.

My husband is the sole owner of the property and the charges are in his name. We have been trying to make contact with the people who put the charges on but one went into voluntary liquidation and the other is dissolved. My solicitor has been trying to make contact since June but had no luck. We can’t sell the house until they are paid she is telling me but is also telling me paying them is not possible to pay them if they are not responding.   

The charges are equitable charges created by interim charging orders. I have contacted the courts who have no records and told us they are historical and the solicitors who put the charges on for these companies have no record of them.
I really have no idea where to go from here.

If anyone has any help on what to do next I would be extremely grateful.

Thank you 

eggbox

Kellie

I've actually written to the MOJ on this subject as the Court system for recording CO's isn't fit for purpose (as your example shows.) Hopefully, Land Registry Rep may be able to offer some help, however, my own feeling is that you may have to return to Court to request the Judge to remove the charges in light of your efforts to repay them without success? 

kellielangton75

Thank you for your reply 😊 it’s really appreciated. I have spent days trying to get my head around all this. The developers are about to pull out of the purchase on the new build and the buyer is about to do the same on the purchase of my house as the sale is complete on his property with someone waiting to move in. Im doing all I can in the way of trying to make contact but hitting a wall everytime.

Thank you 

Land_Registry

eggbox said:

Kellie

I've actually written to the MOJ on this subject as the Court system for recording CO's isn't fit for purpose (as your example shows.) Hopefully, Land Registry Rep may be able to offer some help, however, my own feeling is that you may have to return to Court to request the Judge to remove the charges in light of your efforts to repay them without success? 

You’ve got a charging order granted by the court so you’d need to go back to the court to get the order dismissed. 

The key is less about trying to pay as who to pay if the creditors have been liquidated and dissolved and how long ago. I imagine the court will need to consider both the debt at the time and now as well as how the law views it’s assets now but your legal advice should cover it. 

All we can advise you is how to apply (form CN1) to cancel plus supporting evidence to confirm the protected interest is no more. The only obvious evidence would be the court dismissing their earlier orders