Charging Order? The myth

eggbox

Mooshoo_3

Unfortunately, the unfit for purpose recording of Court debts continues to plague people in the position you are, and it really is a shambles it is allowed to continue in this day and age of endless computer storage?

However, and hopefully Land Registry Rep can clarify here, but you should be able to send an RX3 form into the Land Registry requesting the removal of the Restriction through giving the reasons you've explained on here. The Land Registry (as I understand) will then write to the creditor to ask for any objections they have regarding its removal.

If, as you say, the creditor is saying there is no CO in force, then it shouldn't be too difficult to get removed.I would just caution, however, that a CCJ never expires, its just very difficult to enforce after a six year period if not acted upon in that time.

Debt collection staff are, almost universally, useless when it comes to sorting this type of issue out. This is usually because any paperwork on the debt is usually disposed of after a six year period (when the legal retention time for data has passed) leaving them denying any debt exists, despite a debt having been recorded on your deeds.

Hopefully, the RX3 form will get the ball rolling but Land Registry Rep may be able to offer to help, too.

Land_Registry

It looks like the OP has already tried the RX3 route but was unable to supply sufficient evidence to confirm the debt/CO could be cancelled on the register. We wouldn't do it by phone but assume that happened after the application had been made/rejected.
We would need more than what's been explained here to support an RX3 application and trigger contact with the creditor. The OP may need to consider going back to court to have the order dismissed but that's not something we would be directly involved in so can't advise on process/options/viability

tinks2103

Hi I was wondering if anybody can offer some advice, I am trying to sell a property that my ex husband has some restrictions on, they are to egg bank from 2005 and were settled as part of his Iva that finished about 8 years ago, but both egg and debt free direct who he used for his Iva no longer exist, my conveyancer is saying I need to prove it’s settled, what is my next step? How can I prove it, he has no paperwork, and I can’t find a contact number for egg. Thanks 

eggbox

tinks123

The first thing you should do is contact the company that managed the IVA as they might have details off who and what was agreed. They are, however, only required to retain for 6 years by Law but you may be lucky. If that doesn't bear fruit then come back here

GedMSE

We have just found out days before we complete that our buyers solicitor will not accept the restrictions on the property and are insisting they are paid before we can proceed.

We have explained they will fall away but they are digging their heels in.

they are saying they can’t sell the property on quickly because of the restrictions.

We are back to square one.

Impossible situation.

@eggbox Do you know of any way we can convince the other side to back down and accept that we will be complying the terms of the restriction.

Thanks,
GD

eggbox

GedMSE

If you've given the solicitors all the available proof within the Land Registry guides, explaining that they confirm that the restrictions will be automatically cancelled upon the buyers details being registered on the deeds (providing the restriction is a Form K and has been complied with); then there probably isn't much you can do to persuade them otherwise.

They're solicitors, so they are limited in their thinking.  They're not really interested in listening to the facts on this matter, as they put their own interests first and the sellers interests second.

However, you say they are "digging their heels in" on the basis that the property couldn't be sold quickly because of the Restrictions? So this might be where you might have a bit of leverage if they are looking to sell the property on quickly.

So it may be worth sending the solicitors and the sellers an email, very politely explaining that they can confirm all the information you've supplied with the LR, and pointing out that this will be there fastest route to selling the property quickly.  

This is because if you pull out, then obviously the seller will have to go through the whole process again with a new buyer. It's a long shot but at this stage you've got nothing to lose.

GedMSE

Thank you @eggbox We have pretty much said as much direct to the developers today. To them their solicitor is asking impossible demands and we have outlined the demands in the email.

Will keep you posted as to their reply.

Thanks very much to you and @Tiptopshrimp for all your help.

Best regards,
GD

JennyBean1974

Hi All - can anyone recommend a solicitor to help with an interim charge order on a property please?  Its got a Form K restriction on so want to get some advice.  Thank you!!

eggbox

Hi JennyBean1974, look through the latest posts of posters who have managed to find a solicitor and DM them for the details

ChainBlackMail

We are buying a house with a number of restrictions on the land registry. Planning to exchange next week.  The house is in joint names but the restrictions are just in one name. My understanding is the vendor is not planning to repay the debts and will inform the creditors of the sale at the last moment. However, I have now seen the list of creditors and I am sure at least one must be aware the house is SSTC as they live very close by. I imagine they have their paper work ready now. 

Is there any chance the creditor will come in at the last moment (between exchange and completion) and disrupt the sale? We assume there is enough equity in the house to pay the debt should the vendor be willing.