charging order

brainmelt

Hello and thanks for taking the time to help with my nightmare 

my home was repossessed last nov 

house was sold in may this year 

after repaying mortgage company it left me with just over £100.000.   

now a solicitor has a hold of my funds until a few debts on the property are paid off

i owe just under £3000 to my local council      

the solicitor is saying she “ needs sight of the final charging orders “ to pay them 

i have copies of the enforcement letters from a debt recovery company (Marston) and have forwarded these to her but she is saying they are “not final charging orders “

i have been on the phone to Marstons several times and they don’t seem to know what i’m talking about and keep telling me they don’t have that documentation.      

I have just got of the phone from the council who have sent me the documents that they had but they are just the summons letters 

Can anyone tell me who i should be contacting and what it is exactly that i should be asking , for as nobody seems to know what a final charging is 

this is not good for my mental health 
any help would be gratefully appreciated.  

           Thank you kindly  🙏 

fatbelly

Marstons will have had nothing to do with a charging order.

Your solicitor needs to ask the council who put the charge on, how much is owed.

She can see which council this is from the Land Registry entry

brainmelt

Thanks fatbelly  
as i thought     Marstons are just a debt recovery company and they are obviously adding fees as they have taken over the debt 

I have spoken to the council but they just sent me the summons letters that were issued at the time stating for me to appear in court, not details of an interim or a final charging order 
 
I take it the charging orders would have come after i failed to appear.   who would they have been sent to and how can i get a copy 

ahhhhhhhh.  meltdown.       Thanks 

fatbelly

I don't know why the solicitor is making you do this. She can write to the council's legal department if they have put a charging order on your property.

Marstons will have just added the bailiff fees of £310. These won't form part of what has been secured so technically they could still pursue you for those.

The Land Registry Entry should have had some detail on who to contact. She should have a copy, though (this is where I am a bit confused) this should have been paid as part of the sale process back in May. The present LR entry should only record what is relevant to the new owner.

Land_Registry

A few things to comment on 
Charging orders may not always be made final - see CAB guidance
If you’ve sold I’d assume any registered interests (debts) were cleared from the land register 
And worth asking the solicitor to confirm the repossession process re paying off other debts/creditors from the proceeds of sale