Removing final charging order

Miss_moneypenny_11

We requested a final charging order on a property (our builder took our money without completing the work).

Grant Thornton (I believe they are Company Accountants) are asking us to remove it as the final order was granted after the builder went bankrupt.  

Does anybody know if we have to pay to get it removed?

We have already paid out so much trying to get our money back.

sourcrates

Why not ask the Land Registry Rep, they post regularly in the forum, the thread can be found here -

Charging Order? The myth - Page 475 — MoneySavingExpert Forum

Miss_moneypenny_11

Thank you, I did try their website but the fees are so confusing.

RAS

There is a Land Registry rep who posts on MSE frequently. Pm them? @Land_Registry

EssexHebridean

I *think* it’s a form CN1 and the fee should be the basic £40 - but check that with the LR Rep over on the other thread. It might come under something other than cancellation of a notice though. 

Land_Registry

There’s rarely a fee to remove an entry but a prescribed form would be required 
How is the charging order protected, Notice or Restriction, as that then informs which form etc is needed? 

Title number if you have it and I can check/confirm 

stymied

Is it in your favour to remove the charging order or can you just say no?

Miss_moneypenny_11

I have said no however they have written back to say it has to be removed.  I really can’t afford to pay a solicitor etc for advice as to-date is has cost a couple of thousand to get this far.

Really not happy as we understand Grant Thornton are going to get their fees.

To my mind once you get the CCJ is should not be wiped clear by a later bankruptcy order.

The title number is CYM702896.

The final charging order states “the charging order made on 25th November 2021 shall continue” however Grant Thornton states it was not made final until after end of December and the builder declared himself bankrupt on 15th December.  They state we were aware of the bankruptcy after the interim order was obtained, which we were.  However the procedure is to wait and write to all parties ie. Builder and wife, building society who have the mortgage etc to give them opportunity to object, which they didn’t.  However it did give the builder opportunity to apply for bankruptcy.

Land_Registry

CYM702896 refers to a form K restriction as the charging order was against one of joint proprietors. 

For you to now withdraw it you’d need to submit a form RX4 - no fee 
https://www.gov.uk/government/publications/withdraw-a-restriction-registration-rx4

stymied

@Miss_moneypenny_11 this looks very relevant although I haven’t signed up to see the answer https://uk.practicallaw.thomsonreuters.com/a-035-7476?transitionType=Default&contextData=(sc.Default)&firstPage=true

Miss_moneypenny_11

Stymied, thank you, this makes an interesting read.  It appears the courts may have some discretion so this Avenue may be worth pursuing.