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Charging order

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  • Rita1960
    Rita1960 Posts: 20 Forumite
    10 Posts First Anniversary
    It’s the lender, they want it removed I think my only choice left is to go to court and apply to have it removed, but I also discovered by accident that Dunelm achieved this company 15 years ago and I have reached out to them to see if they have an interest in this debt and if so come up with a solution to repay it and lift the charge so now I’m waiting on their response as they are taking a look at it . 
  • silvercar
    silvercar Posts: 49,574 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • GDB2222
    GDB2222 Posts: 26,239 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Rita1960 said:
    It’s the lender, they want it removed I think my only choice left is to go to court and apply to have it removed, but I also discovered by accident that Dunelm achieved this company 15 years ago and I have reached out to them to see if they have an interest in this debt and if so come up with a solution to repay it and lift the charge so now I’m waiting on their response as they are taking a look at it . 
    That sounds hopeful. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • TomThumb2
    TomThumb2 Posts: 21 Forumite
    10 Posts Name Dropper
    Rita1960 said:
    It’s the lender, they want it removed I think my only choice left is to go to court and apply to have it removed, but I also discovered by accident that Dunelm achieved this company 15 years ago and I have reached out to them to see if they have an interest in this debt and if so come up with a solution to repay it and lift the charge so now I’m waiting on their response as they are taking a look at it . 
    Yes, the underwriter would be the person making the decision at the lender. It may be that you have to go to court, but might be worth escalating at the lender given the small amount. And also getting a definitive answer from the LR about what they will accept. Does sound promising with Dunelm, maybe give them a reasonable deadline to confirm that they own the debt.
  • Bigphil1474
    Bigphil1474 Posts: 3,565 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    OP, do you have legal cover on your home insurance, car insurance or a trade union membership? Some of them will cover you for other legal advice.
  • TomThumb2
    TomThumb2 Posts: 21 Forumite
    10 Posts Name Dropper
    That is good advice - also, some lawyers offer a free initial consultation (quality can vary with this though)
  • Land_Registry
    Land_Registry Posts: 6,150 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    silvercar said:
    Pretty sure the OP is already aware re what's required from a registration perspective for this one. Either the creditor discharges it or the OP goes back to court to get it dismissed and then applies to update the register as appropriate. Hopefully they are on the right track as a result
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • TomThumb2
    TomThumb2 Posts: 21 Forumite
    10 Posts Name Dropper
    silvercar said:
    Pretty sure the OP is already aware re what's required from a registration perspective for this one. Either the creditor discharges it or the OP goes back to court to get it dismissed and then applies to update the register as appropriate. Hopefully they are on the right track as a result
    Is that 100% the Land Registry position that the only evidence they would accept is a court order and not evidence that the creditor isn't responding/can't be traced?
  • molerat
    molerat Posts: 34,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 July at 5:50PM
    TomThumb2 said:
    Rita1960 said:
    It’s the lender, they want it removed I think my only choice left is to go to court and apply to have it removed, but I also discovered by accident that Dunelm achieved this company 15 years ago and I have reached out to them to see if they have an interest in this debt and if so come up with a solution to repay it and lift the charge so now I’m waiting on their response as they are taking a look at it . 
    Yes, the underwriter would be the person making the decision at the lender. It may be that you have to go to court, but might be worth escalating at the lender given the small amount. And also getting a definitive answer from the LR about what they will accept. Does sound promising with Dunelm, maybe give them a reasonable deadline to confirm that they own the debt.
    Dunelm bought the Dorma brand, an active UK textile company with a history going back to the 1800s, which had nothing to do with the dissolved get-rich-quick Dormatherm International from the 2000s, completely different companies.




  • housebuyer143
    housebuyer143 Posts: 4,264 Forumite
    1,000 Posts Third Anniversary Name Dropper
    TomThumb2 said:
    silvercar said:
    Pretty sure the OP is already aware re what's required from a registration perspective for this one. Either the creditor discharges it or the OP goes back to court to get it dismissed and then applies to update the register as appropriate. Hopefully they are on the right track as a result
    Is that 100% the Land Registry position that the only evidence they would accept is a court order and not evidence that the creditor isn't responding/can't be traced?
    The land registry has responded. They have told the OP what they need as have the other posters. Just because they can't trace them doesn't mean the LR can just remove the charge. 
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