Removal of a charge on my property

Janpan12345

I cannot finalise the sale of my property as there is a charge on it. The charge is in 2 companies names and the debt was discharged in 2018. I have an email that confirms receipt of the final payment and goes on to say I will be contacted re removing the charge. It had taken a while for the matter to be sorted - I had defaulted on the payment plan but then had been able to pay off the loan.
I have been told by one of the companies that they are aware the charge should have been removed but they also need to get a signature from the other company - a firm of solicitors.
It would appear that the solicitors were never made aware that the debt was paid and want to know when they got paid.
This has been going on since the middle of April and my buyers wanted to complete 2 weeks ago.
I do not understand why the charge cannot be removed as I have done what I should - a long time ago - why can they not remove the charge and sort things out between themselves without possibly making me lose my sale?

Ayr_Rage

If you had "done what I should - a long time ago" why didn't you ensure then that all the admin was completed and you had documentation that the charge had been removed?

It's as much on you as anyone else.

silvercar

Ayr_Rage said:

If you had "done what I should - a long time ago" why didn't you ensure then that all the admin was completed and you had documentation that the charge had been removed?

It's as much on you as anyone else.

That is a bit unfair, you trust solicitors do their job. 

user1977

silvercar said:

Ayr_Rage said:

If you had "done what I should - a long time ago" why didn't you ensure then that all the admin was completed and you had documentation that the charge had been removed?

It's as much on you as anyone else.

That is a bit unfair, you trust solicitors do their job. 

The OP doesn't say there were solicitors instructed at the relevant time.

Though if they have a sale currently going on, presumably they have solicitors acting for them now - so why aren't they advising?

MWT

silvercar said:

Ayr_Rage said:

If you had "done what I should - a long time ago" why didn't you ensure then that all the admin was completed and you had documentation that the charge had been removed?

It's as much on you as anyone else.

That is a bit unfair, you trust solicitors do their job. 

Seems reasonable to me, if I'd paid of a loan in 2018 with the sort of complications the OP mentions I wouldn't have let it rest for 7 years without bothering to check that the charge had been removed...

You could criticise the current conveyancer/solicitors if they didn't spot the charge soon after being instructed, but beyond that it really is on the OP for not having resolved this years ago...

ian1246

Think I'd be putting it in writing to both respective groups that if your house sale collapses due to their incompetence, you'll be taking legal action against them to recover your lost costs and for emotional distress.

That might help focus their minds - I'd also register formal complaints with both companies.

For the other posters - Not everyone is legally savvy. If you pay off a loan with a charge, the obligation is on that company to remove said charge - keep in mind there is various legislation, including potentially GPDR (which expressly places a legal obligation on companies to keep information on an individual accurate and upto date - financial information IS personal data) which places a positive obligation on the companies in question.

They have failed to do what they should have done. The OPS not helped themselves by inaction- but they shouldn't have had to chase.

user1977

ian1246 said:

For the other posters - Not everyone is legally savvy. If you pay off a loan with a charge, the obligation is on that company to remove said charge - keep in mind there is various legislation, including potentially GPDR (which expressly places a legal obligation on companies to keep information on an individual accurate and upto date - financial information IS personal data) which places a positive obligation on the companies in question.

I'm not convinced by that argument, given that even the creditors who are most paranoid about compliance don't follow that logic. Bear in mind that the legal charge isn't the company's data, it's on a public register.