Charge on property

jlaw4

Hi,

this is on behalf of my parents that have a charge that was placed on their property more than 13 years ago now by a company that moved offices and have never been reachable to try and get an agreement. I am not sure if im in the right place but maybe someone has been in this situation...

Several offers were made before a court date including a monthly repayment option, at court it was decided a charge would be placed on, and 13 years on despite attempts to write to them and try and settle it, theyve never heard a word.

Is there a period at which this would lapse or anything they may be able to do to remove this as its been so long? They chose to repay all their creditors when they lost their business 14 years ago and have paid about £86k back, would that help a court decide to remove it?

Thanks in advance for any help or advice!

sourcrates

Is it a charge or just a restriction ?

You should contact the Land registry and explain the situation to them.

They may be able to remove it for you.

These guys are the experts, you should ask here :

http://forums.moneysavingexpert.com/showthread.php?t=1839539

National_Debtline

Hi Jlaw4,


I would agree to try and speak to Land Registry and find out more. It sounds as though this was a debt that obtained a CCJ and then a charging order through the county court. If that is the case then the land registry will normally need to see evidence that the debt has been settled. If that is not possible to do then you would need to ask them what other way could it be removed? Would the age of the debt be relevant in anyway if you coupled that with proof of attempts to pay?


If Land Registry are unable to help you may need to consider legal advice, especially if your parents are considering selling the property. This will cause complications in a sale if it is still outstanding.


Laura
@natdebtline

jlaw4

National_Debtline wrote: »

Hi Jlaw4,


I would agree to try and speak to Land Registry and find out more. It sounds as though this was a debt that obtained a CCJ and then a charging order through the county court. If that is the case then the land registry will normally need to see evidence that the debt has been settled. If that is not possible to do then you would need to ask them what other way could it be removed? Would the age of the debt be relevant in anyway if you coupled that with proof of attempts to pay?


If Land Registry are unable to help you may need to consider legal advice, especially if your parents are considering selling the property. This will cause complications in a sale if it is still outstanding.


Laura
@natdebtline

Thanks for this, i had a look at the link the other reply had it seems it is a restriction rather than an actual order and land registry have sent out the form to request removal. They aren't wanting to sell but have wanted this gone for SO long and the company have NEVER gotten in touch or responded to any requests from their side. They were provided the option of monthly payments at court but declined it. I just want to help them as they've done so well almost clearing everything they owed and i think this may push them to finally clear the last few!

sourcrates

If the property is jointly owned, and one debtor is threatened with a charging order, then they can only add the restriction, which you should be able to get removed now.