Charging Order? The myth

Worryworm21

Thank you, this is my plan for Monday. 

Can anyone recommend a solicitor that I could try if I still have no joy please? I’m desperate 

Worryworm21

I have spoke to my solicitor again, who is insisting she contacts the creditors asap so they have “sufficient” notice of the sale. 

She advised she is “familiar” with these restrictions and her requirements. 

If they write back they are obviously going to say they want the money (and there isn’t enough equity to settle the outstanding amounts) what can I do? 

Can we just move forward as they have been contacted as per the requirement or will my solicitor insist they settle the debts? 

Is it worth me switching solicitors? Please help 

eggbox

Yes its absolutely worth switching solicitors and quick. You should explain to your solicitor that she may be familiar with how she's previously dealt with restrictions in the past, but you are asking for the creditors not to be contacted on this occasion as there is no legal obligation to do so. The only requirement is to meet the terms of the restriction, which is for the BUYER of their solicitor to give notice to the creditors the property is being sold, with certified confirmation given to the Land Registry that the notification has been carried out. That is it, a Form K restriction places no obligation on the seller to do anything and you should, therefore ask her why she is "uncomfortable" acting as you wish?

You can also explain, that whilst the Law has granted a charging order on your beneficial interest in the property, in favour of the creditors for the debts owed, there is obligation placed on, either, the seller or their solicitor to pay the debt upon sale (if they disagree ask them to explain where the Law states the requirement?)

If you look back through the thread over the last year you will see a few people who have used solicitors who have helped them when selling. My advice is to message those posters to see if you can gain the solicitors details. 

ohitsonlyme

She needs to remember that she is working for you and therfore should follow your instruction as if she doesnt, she will not be acting in your best interest by telling the creditors, no doubt she would want to charge for the work to date!! so be wary how you approach it
You need to insist and instuct her not contacting the creditor

Worryworm21

Thank you. 

I have contacted another firm, mentioned the restrictions and their first response was no need to contact until completion and it won’t delay anything! 

Sounds like they know what they are doing so think I’m going to switch. They are more expensive but they seem more clued up. 

Has anyone ever switched solicitors? Is it simple? We are only a week down the line really. 

Just hoping the buyers solicitors understand the restrictions as that’s the next obstacle 🙈

fatbelly

Worryworm21 said:

Thank you. 

I have contacted another firm, mentioned the restrictions and their first response was no need to contact until completion and it won’t delay anything! 

Sounds like they know what they are doing so think I’m going to switch. They are more expensive but they seem more clued up. 

Has anyone ever switched solicitors? Is it simple? We are only a week down the line really. 

Just hoping the buyers solicitors understand the restrictions as that’s the next obstacle 🙈

Sounds good.

I don't think it's any problem to switch solicitors, though the first one will want paying for work done so far.

Hopefully if your new solicitor understands how restrictions work, they will be able to reassure the buyer's solicitor.

eggbox

Solicitors are just a business that offers a service, you're entitled to change anytime you want. Your present solicitor may bleat about a cost for the work already done, but just ignore them. They won't do anything as most are too lazy; and you explain you are changing as they're refusing to act, legally, as you require.

But you need to clarify with your new solicitor that they understand EXACTLY what you require, including not contacting the creditor at all (that's the buyers job) and that the process you require needs agreeing with the buyers solicitor.  

Worryworm21

Well we have already paid £300 in advance so hoping this will cover it. 

I will liaise with the new one tomorrow and ensure they are on board with what I want, tho I didn’t even mention it before and their reply filled me with confidence. 

I should have spoke to more in the first instance before proceeding but assumed they’d all know the law, you know being solicitors 😂

Think convincing the buyers solicitors will be a challenge or are they genuinely quite trusting? 

Worryworm21

Sorry guys another question. 

One of the creditors has found our house is on the market, they have write and stated they have a final co in place which protects their interests and to pass their details on to our solicitor.

can they take any action to prevent the sale or are they bluffing? 

Worryworm21

thank you for your help previously. I am now so close to exchange/completion and have been contacted by my solicitor to advise the buyer’s solicitors have now asked that the creditors are contacted to establish there requirements to remove the restrictions. 
My solicitor had previously advised this was not necessary and I have replied to say as such but Im now worried they’ll not wish to proceed and I’m not sure what I can do/say to get this resolved if the issue is the buyers solicitor?