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Restriction of Charging Orders on land registry.
DMLLeeds
Posts: 2 Newbie
Hello, I was hoping to get some advice on the following matter.
In 2009, I was in serious debt after ridiculous bank charges and found myself on a debt management plan with the charity CCCS. 3 of the debts went to a debt collection agency, and one was passed to a solicitors. I paid as instructed by CCCS and after 3 months, found myself in court being accused of missing payments by the solicitors that had taken on one of the debts. In the very short hearing, I proved that I had made the payments and left the court on the understanding that I had won. A few years down the line, and lots of saving, I cleared all my debts in 2016.
I am now trying to remortgage my house, reducing the mortgage by about £200 per month.
During the procedure of changing the mortgage, there has been a massive delay, as I have found out that there is a restriction on the land registry of a charging order, placed on the property by the solicitors holding the debt.
After talking to the complaints department of the solicitors in question today, they admitted that it was there mistake, and after the court hearing, the restriction should have been taken off by the solicitors.
Therefore, does anyone know if this is legal, or what my rights are with regard to them placing the restriction even before the court had ruled in their favour. I thought in England, you were innocent until proven guilty.
Not only that, but because I have now had a delay on the mortgage, I feel the I have paid for 2 months of expensive mortgage, instead of the new cheaper mortgage.
I also have no idea if this has had any detrimental effect on my credit score, affecting me over the past 12 years.
If anyone has any advice on this, where to go next, do I need legal support etc, I would love to hear from you.
Many thanks.
In 2009, I was in serious debt after ridiculous bank charges and found myself on a debt management plan with the charity CCCS. 3 of the debts went to a debt collection agency, and one was passed to a solicitors. I paid as instructed by CCCS and after 3 months, found myself in court being accused of missing payments by the solicitors that had taken on one of the debts. In the very short hearing, I proved that I had made the payments and left the court on the understanding that I had won. A few years down the line, and lots of saving, I cleared all my debts in 2016.
I am now trying to remortgage my house, reducing the mortgage by about £200 per month.
During the procedure of changing the mortgage, there has been a massive delay, as I have found out that there is a restriction on the land registry of a charging order, placed on the property by the solicitors holding the debt.
After talking to the complaints department of the solicitors in question today, they admitted that it was there mistake, and after the court hearing, the restriction should have been taken off by the solicitors.
Therefore, does anyone know if this is legal, or what my rights are with regard to them placing the restriction even before the court had ruled in their favour. I thought in England, you were innocent until proven guilty.
Not only that, but because I have now had a delay on the mortgage, I feel the I have paid for 2 months of expensive mortgage, instead of the new cheaper mortgage.
I also have no idea if this has had any detrimental effect on my credit score, affecting me over the past 12 years.
If anyone has any advice on this, where to go next, do I need legal support etc, I would love to hear from you.
Many thanks.
0
Comments
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I'm sorry that your main point is beyond my knowledge of the laws around charge orders.
I think you are missing the point of the court action... you took out credit and other financial products and agreed to the T&Cs that said you'd pay £1,000 a month (or whatever it was). You weren't paying etc and then with the help of the charities you came to a friendly agreement that you'd pay £100 instead. The original T&Cs never changed, you still owed what you owed but as long as you stuck to the new plan they'd accept the lower amount. Had you gotten an IVA then matters are different.
When they believe you failed to pay then they took you to court which was to confirm your liability for the debt and open up options to the creditor in terms of enforcement. The judge may have agreed that the £100 was the most you could afford but that neither means you "won" not does it mean backup options aren't available to them now that the debt has been confirmed by the court.
Assuming that your debt wasn't a secured loan then the only way there is a charge order against your property is if after the initial court case to get judgement that they then ask for a second court order to get a charge against your property.
Normally when your debt is repaid the creditor will inform the Land Registry that the debt is satisfied and that the order can be dropped. So in the first instance its probably best to speak to the creditor as they may not use the same solicitors any more. If the creditor is unresponsive then there are mechanisms through the courts to prove you have discharged the debt which will give you a Certificate of Satisfaction that you can use with the Land Registry to remove the charge.2 -
Thank you for your advice. I am waiting to hear from the solicitors involved, as it has now been escalated to their complaints department.0
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