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