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Charging Order on my property?

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  • Lucy1010
    Lucy1010 Posts: 362 Forumite
    Byatt wrote: »
    Hi jools, it wasn't a big debt and I had to sell because of a divorce. I think if I hadn't had to sell, then the charge would remain until I did. I was sent a load of paperwork, so that would have explained more, but because of the divorce etc being so traumatic, I forget things.

    Do you have proof there is a charge? Besides the letter? Bettie's post above gives info about checking. I'm sorry I'm not much help, I'm very woolly headed today.

    Very useful, I have used Betty's link and ordered a title register which will be emailed to me within the hour :)
    Debt Bust LBM 01/01/2013 - [STRIKE]£11,115.28[/STRIKE] £10,593.81


    Debt free date: Sept 2014 :beer:
  • Lucy1010
    Lucy1010 Posts: 362 Forumite
    Jools I am really sorry to hijack your thread!! I will go away now :)
    Debt Bust LBM 01/01/2013 - [STRIKE]£11,115.28[/STRIKE] £10,593.81


    Debt free date: Sept 2014 :beer:
  • Lucy1010
    Lucy1010 Posts: 362 Forumite
    I am so sorry to barge in again but would someone kindly explain the below in plain English for me? This statement appears on the land registry:-

    (16.03.2007) RESTRICTION: No disposition of the registered estate by
    the proprietor of the registered estate, or by the proprietor of any
    future registered charge, is to be registered without a written consent
    signed by the proprietor for the time being of the Charge dated 15
    February 2007 in favour of The Royal Bank of Scotland PLC referred to
    in the Charges Register.
    Debt Bust LBM 01/01/2013 - [STRIKE]£11,115.28[/STRIKE] £10,593.81


    Debt free date: Sept 2014 :beer:
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    its a registered charge, likely to be a mortgage entry
  • thechippy
    thechippy Posts: 1,938 Forumite
    edited 25 February 2011 at 12:29AM
    I think pnp is right, that's not a charging order. (fao Lucy)

    If the ccj was paid in full, they can't come back for more - period. (fao Jools)

    Link are scum and are trying it on.
    Send the letter below and see what they come back with.

    Pending the reply, a very serious complaint should be sent to the OFT and FOS.

    Keep us informed.....;)


    Dear Sir/Madam

    Ref: xxxxxxxxxxx

    You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

    We would point out that we have no knowledge of any such debt being owed to The Loan Company.

    We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

    We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

    We look forward to your reply.

    Yours faithfully
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • Bettie
    Bettie Posts: 1,255 Forumite
    Part of the Furniture 1,000 Posts
    Lucy1010 wrote: »
    I am so sorry to barge in again but would someone kindly explain the below in plain English for me? This statement appears on the land registry:-

    (16.03.2007) RESTRICTION: No disposition of the registered estate by
    the proprietor of the registered estate, or by the proprietor of any
    future registered charge, is to be registered without a written consent
    signed by the proprietor for the time being of the Charge dated 15
    February 2007 in favour of The Royal Bank of Scotland PLC referred to
    in the Charges Register.

    Hi Lucy, it looks like a charge is on your house I think it reads ( I am no expert though) that you cannot sell without permission of the person/company that put it on, that person was acting for The Royal Bank of Scotland and they are to be paid before anyone else. If you get into debt and someone else, lets say, fred bloggs, also puts a charge on your house then fred bloggs can't make you sell the house without permission from the person/company acting for The Royal Bank of Scotland.
    It is all done so the Royal Bank of Scotland get preferential treatment in the event you sell.
  • Lucy, can I just point you to the thread charging order - the myth . What you have (according to the courts is a charging order - but this link explains the clear difference.) I hope it helps.
  • Bettie wrote: »
    ............I think there is a charge of £14.95 to look at the Title deed ( or register as they call it now).
    Have a look here ***land-reg.co.uk/landregistrytitleregisters

    Please note that this is not the official land registry site - it comes out on top of a Google search because they pay Google more to be on top. They can afford it, because ***landregistry.gov.uk only charge £4 for the title documents - £8 if you also want the site plan. You may do this within a few minutes, paying via credit or debit card, only don't try it now (Sat. 26th Feb at 14.31) because the site is down! - land-reg.co.uk use the same site to source the documents.

    ps Apparently, as a new user, I cannot post links, so have I removed the www. !!
  • Lucy1010
    Lucy1010 Posts: 362 Forumite
    Please note that this is not the official land registry site - it comes out on top of a Google search because they pay Google more to be on top. They can afford it, because ***landregistry.gov.uk only charge £4 for the title documents - £8 if you also want the site plan. You may do this within a few minutes, paying via credit or debit card, only don't try it now (Sat. 26th Feb at 14.31) because the site is down! - land-reg.co.uk use the same site to source the documents.

    ps Apparently, as a new user, I cannot post links, so have I removed the www. !!

    Damn! I paid the £14.95 :( So who are these people if my document isn't official?
    Debt Bust LBM 01/01/2013 - [STRIKE]£11,115.28[/STRIKE] £10,593.81


    Debt free date: Sept 2014 :beer:
  • Mrs_Arcanum
    Mrs_Arcanum Posts: 23,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Land registry will contact you directly to let you know there is a restriction on your property. The charging part is only following a court hearing and the restriction should be removed if the court does not grant the charging order.

    Most companies that need to, have a monthly account with Land Registry for quick access to PDF documents. All at the same price that are charged to the public.

    Lucy1010 you may have a true document but you have been charged by a 3rd party for their time in getting it for you.

    Land registry stuff generally has a honeycomb style flower on.
    Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits
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