Charging order

Rita1960

i have a charge on my property from an old debt over 20 yrs ago that I simply just forgot about, i want to repay the debt and have the charge removed so that i can remortgage, the company that the debt is owed to no longer exist since @ 2012  and have no forwarding details or including contact details, from investigations they were not uk registered and the solicitors that they used to apply the charge etc also ceased trading at the same time with no further contact details either.

i have applied for the restriction to be removed by the land registry using their form RX3  and this restriction is it seems a form k restriction? The land registry want either proof of payment of which don’t have due to its age but i do know that the debt was paid because of the nature of the goods purchased (thermal mattress) from one of those holiday selling companies that hassle you when you go on holiday..

A discharge DS1 form that is suitably amended?
a court order discharging the debt of which i dont have 

i am in a real pickle over this its causing so much trouble i cant even begin to say.

its like this company and its solicitors have just vanished into thin air or don't want to be found its horrible.. any advice would be welcome, seeking high street legal advice is a £1000 advance upfront payment of which i don't have

Keep_pedalling

What was the name of the company? 

Rita1960

It was Dorma - therm international 

Keep_pedalling

Yes, they were never a UK registered company. I am not sure how much that complicates things perhaps @Land_Registry would like to comment.

Rita1960

It’s a nightmare to be honest, do you think applying to the court might be a solution and would they have any influence over removing this restriction? Even in Spain they are not registered after hunting through the Spanish companies website register they have just vanished into the air and i cant proceed without this restriction being lifted or an intention to pay but i have no one to pay it too its mind bending and i cant afford £1000 up front solicitors payment to be told something that i already know so any help would be a god send 

Keep_pedalling

Actually records for desolved UK companies disappear from companies house after 20 years so they may have been registered here as Dormatherm International UK. The companies house records will now be with the National Archive if they exist. 

https://companycheck.co.uk/company/04143187/DORMATHERM-INTERNATIONAL-UK-COMPANY-LIMITED/credit-report

Rita1960

Many thanks for this , have looked at the directors for this company but it says both people are inactive with 0 money or liabilities and no holdings in any other companies, no contact details either so what now 

Rita1960

Thank you for your recent contact with one of our customer services representatives.

On dissolution of the company, where it is a company incorporated ithin England and Wales the charging order will have vested in tr reasury Solicitor. It is not clear from your application whether th company to which your application relates is a UK company or an overseas company. Even if the company has been dissolved, it does not mean that the interest protected by the restriction has necessarily determined or it may have devolved to a third party. You hare also indicated in your Form RX3 that the debt has not been

In general terms, we are only able to consider cancelling a Form K restriction if one of the following can be provided:

A court order discharging the charging order.

A receipt for payment of the money secured. This can be endorsed on a copy of the charging order. The status of the signatory must be clear.

A discharge - this may be in form DS1 suitably amended. fa receipt or discharge has not been signed by the original creditor This must be, to appropriate evidence of assignment of the debl

a certified copy of the assignment document

a certified copy of the notice of the assignment which has been given to the registered proprietor who is the debtor.

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We cannot proceed with your application further until we have one of the above forms of evidence. Due to the complexity of this matter you may wish to seek independent legal advice on how to proceed.

Under our advisory policy we can give customers factual information and procedural advice about how the land registration system works and how to make an application, but we cannot provide legal advice.

Our advisory policy is explained in more detail on our website at www.gov.uk/land- registry. Where registration matters are complex or difficulty is experienced in understanding our requirements we will generally advise our customers to seek legal advice from a suitably qualified legal advisor to assist them

This is my reply from the land registry of it helps you understand better my predicament. 

 

RAS

Have you asked the Law Society to whom the solicitor's files were transferred?

Rita1960

I have to say that I haven’t done or thought of this approach not being legally minded it hasn’t occurred to me, even then I'm not sure how i will help its mind numbing

Keep_pedalling

Rita1960 said:

I have to say that I haven’t done or thought of this approach not being legally minded it hasn’t occurred to me, even then I'm not sure how i will help its mind numbing

I think it a very outside chance, solicitors don’t retain records for 20 years plus unless it relates to wills, probate or trusts.