HFC Bank equitable charge

rchllwt1on

Hi there, 

On my late mothers property, there is a charge from HFC Bank Limited. This now belongs to HSBC where they were bought out a few years ago. In November 2023, I received a letter from HSBC stating they have decided to no longer pursue this debt, and they will be applying to the HM Land Registry so they can remove the charge from the property. 

However, the Land Registry have not received any communication from them. When trying to contact HSBC, I have not been able to get any answers and they have not been able to identify my mothers account number. This to me suggests that the debt has been deleted, and they therefore do not have a record of it, but did not write to the Land Registry at the time they said they would. 

Does anyone have any advice here? We are in the process of selling the property, and this charge is delaying the sale. 

thanks. 

Brie

Presumably you have the november letter from HSBC that would provide sufficient info to them so they could inform Land Registry.

Also I'm wondering how quickly LR would update their info?  If a letter was sent late Nov, early Dec then LR would have got it just before Christmas when everyone was off on holiday.  May just be a delay in getting things updated hopefully.  

silvercar

Maybe @Land_Registry can advise.

Land_Registry

silvercar said:

Maybe @Land_Registry can advise.

Only in so far as it reads as if they’ve checked and we’ve not received anything so no ‘delay’ or seasonal issues. 

An equitable charge is generally only removed if a) the creditor cancels it using forms CN1 and DS1 or b) the debtor applies to the court and they dismiss it and they then apply to us with form CN1 plus the new order 
My advice is to escalate it with the creditor based on your previous contact with them 

rchllwt1on

yes I have the letter from November stating removal, I have forwarded back to HSBC but it seems impossible to speak to anyone within their team regarding this, I have been contacting them for weeks now and I cannot get any answers from them. They have repeatedly told me they are unable to reveal information as I am not the account holder. (The account holder is deceased and I have provided a death certificate multiple times). 

Has anyone had any contact with issues regarding HFC bank? I have only been given an email address to speak to them, to which I have had no response. I have no issue in paying the debt, if it still exists, but getting into contact with someone is proving extremely difficult to even do this?

Land_Registry

rchllwt1on said:

yes I have the letter from November stating removal, I have forwarded back to HSBC but it seems impossible to speak to anyone within their team regarding this, I have been contacting them for weeks now and I cannot get any answers from them. They have repeatedly told me they are unable to reveal information as I am not the account holder. (The account holder is deceased and I have provided a death certificate multiple times). 

Has anyone had any contact with issues regarding HFC bank? I have only been given an email address to speak to them, to which I have had no response. I have no issue in paying the debt, if it still exists, but getting into contact with someone is proving extremely difficult to even do this?

If the debtor has died then in my experience lenders will only deal with executor/administrator as appointed. A death certificate confirms the death but only probate/letters of administration then give you the legal authority to deal with the deceased’s estate