Charging order

Rita1960

I shall keep you updated as it develops 

Rita1960

So finally after so long an answer and a solution

i contacted the treasury solicitor as mentioned previously, and they instructed a law firm to deal with the matter, i had to pay £600 to this law firm based in London and they instructed me to get the original interim restriction order from the land registry of which i managed to do for a small sum. I then forwarded it to the solicitor from the law firm who then looked at it and then told me to forward the outstanding monies owed to dorma therm international to themselves and they would then instruct the LR to remove the restriction.  

After so long i cant believe it i thought i would never have a solution, thanks to all for your  valuable  input 

TomThumb2

Thanks for taking the time to come back, I think this is very helpful for other people who may end up in the same situation.

I think the outcome at least solves your problem but isn't ideal as if I understand correctly you'd paid the amount already buy had to pay the full amount again. Did they take interest?

And it shouldn't require a solicitor, there's a form which can be filled in and the Treasury Solicitor should be able to do a letter to the LR off the back of that.

Rita1960

Unfortunately due to the time and not being able to prove it’s paid as the business has gone ceased trading and no one or any records of their business can be found I had to pay again , but only the orginal
 sum without interest 

Rita1960

Apologies , once I had paid the money the treasury solicitor who is dealing with my case has applied to the land registry to have the restriction removed as the debt is satisfied .. 

TomThumb2

Thanks for the update, and glad it resolved your issue. Surprised at the treasury solicitor making you pay again for a debt which has already been paid though, they shouldn’t have done that. If they inherited a debt which has been paid they do have some duty to prove its still valid. And they should have advised that you don't need £600 for a solicitor to have them remove the charging order.

user1977

TomThumb2 said:

Thanks for the update, and glad it resolved your issue. Surprised at the treasury solicitor making you pay again for a debt which has already been paid though, they shouldn’t have done that. If they inherited a debt which has been paid they do have some duty to prove its still valid. And they should have advised that you don't need £600 for a solicitor to have them remove the charging order.

My understanding is that the Treasury Solicitor can only deal with assets of the dissolved company, and if there was no longer a debt by the time the company was dissolved then there's no asset for them to deal with (so court becomes the only remedy).

TomThumb2

Yes, would have thought that if the debt was paid there would have been no asset remaining with the dissolved company. No proof of ownership of asset so difficult for Treasury Solicitor to say they're entitled to payment.

Rita1960

The thing is it’s been so many years , over 20 ! I have no proof of receipt and the company has no records and no one to speak to to check it out .. so treasury say the onus is on myself to prove it or otherwise , if it can’t be proven then they want paying , I suppose I’m just glad that there is an outcome after going around in circles for months 

TomThumb2

Yes, at least it resolves the situation. But I think the Tresury Sol are trying their luck saying that you need to prove payment has been made after 20 years. I would think they have a duty to prove the debt they're claiming is still owed and a charging order on its own isn't enough.