Is there no hope?

kingstreet

Does your solicitor actually know how to deal with a restriction?

It sounds like he/she doesn't.

https://forums.moneysavingexpert.com/discussion/1839539

Dave_Ham

Unsure why your frustration is directed at your broker, your solicitor sounds like a clown.


Speak to someone else if this is a big firm or change solicitors is absolutely necessary, as they should be dealing with this for you.

Jhoney_2

Fuddemy wrote: »

This is what it says on the land registry i have obtained.
(22.04.2010) RESTRICTION: No disposition of the registered estate,


other than a disposition by the proprietor of any registered charge


registered before the entry of this restriction, is to be registered


without a certificate signed by the applicant for registration or their


conveyancer that written notice of the disposition was given to


Heineken UK Ltd formerly Scottish & Newcastle UK Limited


(Co.Reg.No.65527) at Ashby House, 1 Bridge Street, Staines, Middlesex,


TW18 4TP, being the person with the benefit of an Interim charging


order on the beneficial interest of ........... made by the


North Shields County Court on 22 March 2010






This is the address i have used, but that phone number you have given me got me nowhere. do you think it would be wise to send a signed for delivery to that address too?

Reading the link provided by Kingstreet above, it says to the registered Head office address. Presumably, that is the one on the Land Registry.

Once proof of posting (which I referred to previously), is provided to Heineken, you appear to be free to sell to your buyers without a problem. Your solicitor will have to evidence this to the buyers solicitor and that's it apparently.

Refer your solicitor (or another one!) to that information and get on with your sale. Buyer will not wait forever...

Land_Registry

Fuddemy - kingstreet has linked you to the Charging Order- the myth thread which should explain and cover the Charging Order/Form K restriction (that is the restriction on your title) issue for you.

As others have then posted the buyer's conveyancer will then need to provide their written confirmation (a certificate is simply 'We certify that.....) that written notice of the sale had been given to Heineken UK Limited.

Clearly to enable them to do this they need to have sufficient proof from your own conveyancer that they have indeed sent such a notice.

Whilst the linked thread explains things for you essentially a form K restriction is registered where a charging order exists against one of joint owners. And when the property is sold that restriction should be cancelled providing the required certificate is provided.

maninthestreet

Fuddemy wrote: »

Thanks so much for your advice.


The land registry states it's Heiniken UK that are the benifactors of the Restriction. "Scottish & Newcastle" were the company that I owed the debt to, but sold up to Heiniken UK. I have tried to contact Heiniken via letters to the address stated on the land registry and have had no correspondence with them after almost a year of trying. 3 moth ago I instructed my solicitor to attempt to resolve it and the only update I have is I am now told it is a "restriction" and not a "charging order" due to the debt being in my sole name and my house is jointly owned.


I like the idea of putting my side of things on my file though, never thought of that. My solicitor can prove we have tried to contact them.


Thanks again.

http://www.heineken.co.uk/CONTACT