Hi I am new Have a question about old debt

:A Hi to all out there,
Have been browseing for some hours. Excellent forum lots of good advice and great encouragement.
I recently applied to re-mortgage my house, the amount I asked to borrow is 54% of the property value,no problems mortgage offered and accepted.
Lawyers have now advised me that mortgage company won't continue until I get 3 cautions and a second charge removed. I wasn't even aware that these restrictions had been placed on my home. One company has lodged it's name twice and I know I didn't have two debts with them.
All documentation from that period of time I dumped about nine years ago.
My question is How can I get these conditions removed from my deeds to enable me to remortgage my house?
I really don't want to open up a can of worms.
The second charge was registered in 1991, this is from Barclays bank, I had a loan from them and was not advised that it was secured against my home as I am assuming they did as this is when the loan was taken out. The 3 cautions were lodged in 1993 when my company stopped trading.
Thank you to anyone who may be able to help. Good luck to all who have taken the first step to a new life.
Remember "If you keep on doing what you have always done, you will keep on getting what you have already got".


  • Xbigman
    Xbigman Posts: 3,884 Forumite
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    This is a new twist to charges/attachements on me but I would have thought that any charge could be removed if the loan or other debt associated with the charge was settled. Contact the companies who put the charges / cautions on the property and request they remove them. If you get kicked back then tell them this is holding up a remortgage and you have been 'financially disadvantaged' and you are taking that complaint to the banking ombudsman/FSA or whoever is applicable. This is a good general phrase to use with these people and usually helps to get them going.

    I assume that the debts etc are paid off?

    Xbigman's guide to a happy life.

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  • Thank you for the information. Unfortunatley they were never paid. I have checked with the land registrey on removing them and there is mountains of legal jargon that I am unable to understand. There are some forms CCT which requests to the courts although not 100% sure. I will read them again. I was hoping that perhaps with the length of time they have been there that the company may have wriiten them off against tax. CAB came back with a debts a debt and no other information and to contact a financial advisor. This I did and he didn't really know for sure and suggested that perhaps they would have written them off.
    Not sure who to ask next. The national debt line is clogged with callers, will continue trying, in the mean time if any thing comes up I will post for others as it seems this is an unusal question and surely I cannot be the only one with this problem.
    Many many thanks to you
  • Malestrom
    Malestrom Posts: 983 Forumite
    This is a new one on me but I found some information on the National debtline site that might be relevant, especially the section near the bottom entitled "Paying off a Charging Order", click here to see it.

    Your first step should be to contact your creditors and find out exactly what steps were taken, what amounts are involved and whether the court allowed them to charge interest on the debt whilst it remained unpaid.
    He huihuinga taangata he pukenga whakaaro – A meeting of people; a wellspring of ideas (Maori proverb)
  • Mizz_Pink
    Mizz_Pink Posts: 756 Forumite
    my partner has this same problem. WE looked into moving his mortgage for a cheaper deal and then discovered this charge on his property which means if he sells his house he has to pay this debt first. We had a appt with Land Registry who send a letter to this person who put the charge and asked his permission to remove it. IF he didnt reply to them within 3 weeks they would of removed it for us. However he did reply and said my partner still owed him. Hence the charge is still on the house.
    The lady we spoke to at Land Registary was helpful and explained it in a way we understood. The forms were quite straightforward too. I would book an appointment to see them as a step to take.
    Just owe Dad £2500 for a new car

    Paid off car loan 22nd August 2009. :T
  • Hi Mizz Pink, Thank you so much for your very welcome reply. I have already been looking at the land registry and some CCT forms. Shall ring them immediatley in the morning and keep updated, with any other information I recieve.
    Thank you once again.
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