Problem removing Land Registry Restriction

Yellowcat12

I am finally in the position of pay off a Land Registry Restriction, but I can't find anyone who knows about the debt or who I can pay. Debt was a Credit Card with Egg Banking and on the Land Registry Restriction it says this is being looked after by Shoosmiths, but they have never chased me for it and when I spoke to them, they informed me that they knew nothing about it and have confirmed that in an email to me. Then I spoke to The Land Registry who said all Egg Banking customers had been passed to Yorkshire Building Society, BUT on with checking them. was told they have only taken over Savings and Mortgage customers not Credit Card. They advised that all Credit Card customers had been passed to Barclaycard. BUT on speaking to them, was told that they had only taken over accounts which were still open in 2011 and mine was closed in 2008. They advised that I need to speak to Canada Square, so I did and  was informed that they were only looking after PPI claims or passing live accounts over to Barclays. They checked the account details provided by Shoosmiths but were unable to find anything. So I have now reached a dead end and unsure what to do next.
Does anyone have any ideas? This does need to be sorted out as, even though we have no plans to move at the moment, it needs to be removed before we can. 

 

Mickey666

You seems to have done all the right things so far, so I can only imagine how frustrating it must be!

What exactly do you mean by "being looked after by Shoosmiths"?  The restriction must surely be in favour of someone so if you can get that someone to confirm in writing that they have no further interest in the restriction then that might be sufficient for LR to remove the restriction.

Yellowcat12

The Restriction on the Land Registry states:

RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for

registration or his conveyancer that written notice of the disposition was given to Egg Banking plc at c/o Shoosmiths, The Lakes, Northampton, NN4 7SH being the person with the benefit of an interim charging order.

However Shoosmiths have confirmed by email that they have no control over it and Egg Banking no longer exist. so I'm at a loss to know who to approach next. 

Mickey666

That seems to clearly state that Egg banking is the 'person' with the benefit of the restriction, c/o Shoosmiths, so presumably they must be able to confirm whether they still want the benefit of the restriction.  I'd be surprised if they can simply walk away and ignore it.  Walk away, yes, but also confirm that they no longer have any interest in it, which would hopefully be sufficient for LR to remove the restriction.

I would contact Shoosmiths again, preferably in writing (email will do) confirming your situation and requesting that they confirm that either they wish to retain the restriction or they wish to release it.  Don't give them the option to do nothing.

If that doesn't work then you may need to seek formal legal advice.

As for a possible future sale of the property, the restriction wording only seems to require a prospective new owner to confirm (to LR)  Egg/Shoosmiths have been informed of the prospective sale.  Presumably if they have no objection - and why would they if they are denying all knowledge of any responsibility then the disposition could be registered anyway.  But of course it would  complicate the conveyancing process and would likely scare off some potential buyers.

But I'm only guessing really, so formal legal advice is probably required.

sourcrates

We have a dedicated thread for land registry and charging order questions, it can be found in the sticky section of this forum.

fatbelly

As above, plus that appears to be a standard Form K restriction. So no need to pay it at all - you just give notice of the property sale when you sell.

Charging Order - The Myth is the sticky you are looking for.