Charging Order? The myth

mrs1978

This is what is on land registry. I also have a copy of the final charging order. 

in0125

I think you would need a settled letter from Egg Banking Plc as they are the named beneficiary. Land registry would need that to remove it. Charges are normally in date order. So if you had a remortgage they would come after Egg. So doubt very much you could remortgage without reming it.

Land_Registry

mrs1978 said:

This is what is on land registry. I also have a copy of the final charging order. 

If you are applying to cancel it then you’ll need form CN1 plus supporting evidence to show the debts been paid or the order dismissed 
https://www.gov.uk/government/publications/notice-cancellation-cn1
To get the necessary supporting evidence you’ll have to follow the creditor trail to get them to discharge it 

mrs1978

Unfortunately that is my issue, I have followed the trail from Egg to Barclaycard to Eversheds and that's where it ends. They have no record of where it went thereafter if at all.
All three companies are unable to provide me with any further information. I've hit a wall. 

Is it possible to put the form CN1 with this vague information?
Would land registry then enquire with creditor on file? 
I am unable to provide further evidence as this was managed by my ex and we are no longer together or have contact. 

Land_Registry

mrs1978 said:

Unfortunately that is my issue, I have followed the trail from Egg to Barclaycard to Eversheds and that's where it ends. They have no record of where it went thereafter if at all.
All three companies are unable to provide me with any further information. I've hit a wall. 

Is it possible to put the form CN1 with this vague information?
Would land registry then enquire with creditor on file? 
I am unable to provide further evidence as this was managed by my ex and we are no longer together or have contact. 

Sadly not as we need evidence to confirm the debt has been paid or the order dismissed. Not knowing who the creditor now is wouldn’t be sufficient grounds for us to remove it. 

Eggbox is probably better placed to advise how such matters are dealt with re debts which have been moved on by a creditor bearing in mind the names mentioned 

eggbox

Eggbox is probably better placed to advise how such matters are dealt with re debts which have been moved on by a creditor bearing in mind the names mentioned 

Unfortunately, this appears to be an equitable charge as the poster confirms she is the sole owner? Therefore, the method advised on this thread to joint owners won't apply. 

The two avenues I'd investigate is firstly applying to the Court to have the original CCJ set aside. This would be on the basis that you are happy and willing to pay the debt, however, as the creditor is no longer able to take the payment it is unfairly restricting your movement on the house sale and causing financial distress. If successful it would remove the Charging Order.

The second is to search back through this thread as we've had this issue crop up several times. If you find a poster who has suffered the same fate, you might be able to see how they resolved the issue?

I've written to the Ministry of Justice twice on this matter, to explain that the court recording system for debts is not fit for purpose, as this is a result of what happens because of the failings of that system. Disgracefully, they've not seen fit to reply on either occasion.

Poppy2740

I have 2 restrictions on my property in my husband’s name, one is 1st credit and the other is cap quest. but the house is in joint names. My solicitor has contacted the two creditors with no response and now my house sales is on hold. Please can any one help. 

holly09

If you put the wording of the restriction on here someone will be able to advise.

Poppy2740

Ok thank you it says 
restriction: no disposition of the registered estate other then a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered or their conveyancer that written notice of the disposition was given to 1st credit. 

eggbox

Poppy

The restrictions you have on your deeds do not prevent you proceeding with the sale of your property. This thread gives all the information required on how to sell your property, whether or not the creditors with Charging Orders get paid. 

The above is the good news, the bad news is that the vast majority of solicitors either don't understand the limitations of a restriction, or choose not to understand the difference and can be difficult.

As long as the restriction has been complied with, which in your case just means the creditor being notified a sale is proceeding and, also, the Land Registry being notified that you have given that information to the creditor; then a sale can proceed.

Once the buyers details are registered on the deeds, the restrictions then become overreached and are automatically removed. The debt still exists, however, that is then a matter between you and the creditor. 

The reason that solicitors are so difficult on this matter is because of the timing of when the restriction is removed. Buyers solicitors normally insist on the restriction being removed prior to the sale, whereas the above method means that the restriction is not removed until after the sale. 

But as the Land Registry will confirm, as long as  restrictions are complied with, then the above explanation is factual as to what will happen.

So the first thing you need to do is to explain this to your solicitor to see their reaction. But any problems please come back here.