Old CCJ and house sale - what can I do?

fatbelly

Has this gone to a charging order? Is it recorded as a full charge against your property or just a restriction? You'll need to see what is recorded on the land registry entry - ask your solicitor for a copy or (probably easier and cheaper) get your own for £3 here

You want the title register

AllTheQuestions

Gary, Drydens took it to court and had it lodged as a restriction on the title deeds of our property. Hence the sellers searches have thrown it up and they’re demanding it be removed as part of the sale - if I’m honest I don’t understand that because surely it is the burden of MY solicitor to ensure all debt is paid as part of the sale - and so all restrictions be lifted? Why would it impact on the buyer?

Interestingly, the court have none of the documents further back than 2009, so although their systems have it recorded they can only see it as zero balance. Though having them confirm that in writing is not so easy - they have a ten working days response to written comms.

To summarise, we appear to be in a situation where the courts can’t help, Drydens won’t help and barclaycard are just incompetent and you get a different story every day and so don’t help.

I guess i’ll call my solicitors assistant and find out where we go from here (not that they seem to know)

AllTheQuestions

Fatbelly, Its a restriction, i’ve got the title deed from the solicitor already.
What is the difference out of interest?

fatbelly

AllTheQuestions wrote: »

Fatbelly, Its a restriction, i’ve got the title deed from the solicitor already.
What is the difference out of interest?

All the solicitor needs to do is meet the terms of the restriction. You'll get good advice from the Land Registry Rep and Eggbox if you post on this thread

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth