Very old Restriction K help please

PanPen

Hi, I've been tidying up my finances and cleared outstanding mortgage arrears with a view to remortgage or move. Thanks to advice across MSE I stumbled across the Charging Order myth thread. So just as a double check I went to Land registry to make sure I didn't have such things and was troubled and surprised to find out I actually do. 

There are 2 restrictions against my name on a house jointly owned. One dates from Feb 2018 and one earlier something like 2013 or earlier I think.

Obviously as over 6 years ago my credit report shows neither and is clean so I only have the details on the Land Registry site. 

From reading here it looks like if I sell this isn't really a problem for now, but would prevent me remortgaging. So I'm looking for advice. 

If both are over six years old -

1) would the creditors have to go back to court to enforce these? I assume this wouldn't start anything on our credit report again? What would the likely outcome be?

2) I assume to find out who I owe and how much I contact the courts, but will they have details from over ten years ago?

3) can you still offer a F&F on these kinds of restrictions? If so what sort of percentage bearing in mind how long ago they were?


Thanks 

fatbelly

1. It's unlikely they would be able to enforce their ccjs in any new way. They have charging orders that got recorded as restrictions and that's all they are going to get. No impact on your credit report.

2. Do you need to know? When the time comes to sell, just comply with the restriction.

3. You can try, but why bother?

PanPen

Hi thanks for your reply. 

The problem is we may not find a house we like, so would then want to remortgage rather than sell. So we would then have to clear these before we could remortgage and I'd rather pay them less if at all possible. I have no idea what these even relate to but feel it is possible they could have been statute barred debts or have had affordability issues. I've only learned about these types of things in these past few months of reading MSE. So if they got any kind of CCJ they would have been unchallenged presumably and perhaps could have been. 

fatbelly

After this time you are going to struggle getting the underlying ccj set aside. One of the requirements is that you act promptly and these are 6/10 years old

As for paying them, your first point of contact is whoever is mentioned on the Land Registry entry.

PanPen

And if I find out, would these types of debts be eligible for F&F offers?

EssexHebridean

As Fatbelly says above - you could certainly try. There is no “eligibility” as such - although there are some debts that are unlikely to be successful in that approach. (HMRC I would guess, for a start) I do question whether a F&F is likely to be accepted where there is a charging order in place - as the creditor knows that they simply have to sit tight. Of course, if they were to be given the impression that you have no intention of going anywhere until you are carried out in a box, that might sway things? 

peb

With Essex.  Why would they accept an offer?  However no harm in trying.

I do really recommend you start the process of tracking down the restriction owners asap, it can take time as often they can't find their records