B136 restrictions

macca59

Hi, newbie here,  I have 2 CCJ’s one with SCM via LLOYDS on a repayment plan, the other is with Turnbull Rutherford, who haven’t chased me since 2016 for money. Both took out B136 restricting orders on us both, but the debts are mine alone, we are planning to ditch our interest only Mortgage and get a repayment Mortgage, will any of this hinder us?
A collection agency are now chasing me for the Turnbull debt, what should I do ?

sourcrates

Well the CCJ become unenforceable in 2022, (they have 6 years to enforce judgements) and the restriction should not cause you any issues re-mortgaging.

As for the collection agency, its up to you, what  do you want to do?

macca59

I want to tell them to do one! But earlier today I found a letter from 2016 from the land registration saying that the charging order has now been switched to them for both my wife and I, although it’s not her debt.
I do wonder though why they have offered me sizeable discounts on my balance but not actively or aggressively chased me for the money? I get they have the order but why no chasing?

sourcrates

Anyone`s guess, not all debts get chased, there are so many on debt collectors books, sometimes they prioritise on those with the best chance of a pay-out.

macca59

I have asked both agencies for a copy of the “deed of assignment” am I correct in saying that they have to produce a legally signed copy by a certain time otherwise they cannot enforce ?
By legally signed am I correct in saying it needs to have 2 signatures witnessed by another?

sourcrates

You may seek to satisfy yourself that the assignment has in fact taken place.
The Court of Appeal has confirmed that this is a valid concern, but that does not give you an automatic right to require sight of the assignment agreement.

The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor.
The Notice of Assignment is simply a communication that there has been an assignment.

The deed is governed by Section 136 of the Law of Property Act 1925. It should be possible to obtain a copy of the deed prior to any action taken in respect of it.

You would perhaps need to obtain legal advice on its validity or otherwise.

macca59

Hi again!

am I right in assuming that when I request proof of ownership of debt, via Deed/Notice of assignment, and I don’t get this, that I can apply to have the B136 that they both claim to have removed?
If so how do I go about this?
Thanks in advance for any advice.

sourcrates

No, as legal action has been taken, your chance to challenge the validity of the claim based on the evidence, has passed, that should have been part of your defence to the initial claim.

Removal of a restriction can only be achieved by obtaining consent from any person with a right to enforce the deed, and that would normally involve paying the debt first.

How to Remove Restriction on Property | SAM Conveyancing

macca59

Thanks again, but excuse my ignorance, if the original creditors no longer have the debt/are no longer chasing the money, and the DCA can’t provide the correct paperwork, is the B136 enforceable?
Apologies if this a stupid question.

sourcrates

Yes it remains enforceable because a court found in their favour, that removes all your rights to challenge this.

A restriction is not that much of a stumbling block, why not ask the Land Registry rep, they post regularly on this thread -

Charging Order? The myth - Page 498 — MoneySavingExpert Forum

macca59

Sorry another quick question, how long after requesting proof of “assignment/notification of debt” does the DCA have to give me a response?