Removal of a Charge on my property

goodpie

Hi all - I agreed to a charge being placed on my property in 2012 (long story) which I discharged in full in 2017.   I have evidence of the final payment, bank transfer etc. and the original letter asking for the final lump sum payment.   However, the charge is still registered with the land registry.   I emailed the beneficiary of the charge and asked him to remove it - he said he would have a word with his solicitor.   I then got an email from his solicitor asking for copies of all the documents I have and £600 to cover legal fees and disbursements to remove the charge.   I know I shouldn't have to pay £600 to get it removed as there is no legal reason for the charge to be there.  Can I apply directly to Land Registry myself to get it removed.  Does anyone know what form I would need to use.

kaMelo

Maybe repost on this board, there is a Land Registry rep who is a regular poster and may be able to offer guidance to achieve what you want to do.

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

Land_Registry

goodpie said:

Hi all - I agreed to a charge being placed on my property in 2012 (long story) which I discharged in full in 2017.   I have evidence of the final payment, bank transfer etc. and the original letter asking for the final I lump sum payment.   However, the charge is still registered with the land registry.   I emailed the beneficiary of the charge and asked him to remove it - he said he would have a word with his solicitor.   I then got an email from his solicitor asking for copies of all the documents I have and £600 to cover legal fees and disbursements to remove the charge.   I know I shouldn't have to pay £600 to get it removed as there is no legal reason for the charge to be there.  Can I apply directly to Land Registry myself to get it removed.  Does anyone know what form I would need to use.

If it’s a legal charge then you’ll need a form DS1 executed by the lender/creditor plus evidence of identity. You’ll need their cooperation/involvement as a result 
https://www.gov.uk/government/publications/mortgage-cancellation-of-entries-for-lenders-ds1

goodpie

Thank you Land_Registry - It is a legal charge but what if the lender is just deliberately dragging their heels, or asking for a ridiculous amount to remove the charge when there is no provision in the agreement for him to do so.  The response from him is that he no longer has a copy of the agreement and his solicitor has changed practices since the charge was satisfied and so he doesn't have a copy either?   I believe they are both fully aware that the charge was satisfied and in order to try to speed things up I have sent them a copy of the demand they sent to me for the final payment and a copy of the bank electronic transfer and bank statement.    They know very well that had I not made that payment they would have been taking action to enforce the charge years ago.   I have heard nothing from them whatsoever since I made the final payment.

Land_Registry

goodpie said:

Thank you Land_Registry - It is a legal charge but what if the lender is just deliberately dragging their heels, or asking for a ridiculous amount to remove the charge when there is no provision in the agreement for him to do so.  The response from him is that he no longer has a copy of the agreement and his solicitor has changed practices since the charge was satisfied and so he doesn't have a copy either?   I believe they are both fully aware that the charge was satisfied and in order to try to speed things up I have sent them a copy of the demand they sent to me for the final payment and a copy of the bank electronic transfer and bank statement.    They know very well that had I not made that payment they would have been taking action to enforce the charge years ago.   I have heard nothing from them whatsoever since I made the final payment.

Then it’s legal advice/action you need. Much will depend on the terms of the charge and how redemption is to be handled.