2nd Charge on property - Creditor Liquidation/Debt sold to Azzurro

hasjav

silvercar said:

So your solicitors are applying to have the charge removed. You, or they, can then apply to the Land Registry to have it expedited as a sale depends on this getting done (quickly). The sale is to you.

At the same time, you could email back Ed, to say you are waiting for a response, though if your solicitors are going ahead without a response from the liquidators, they might think it unnecessary.

Hi there, The debt was sold to Azzurro/Solaris in July 2021 by PCF Credit LTD who went into liquidation in June 2024. The liquidators PWC would have no say in the matter since the debt wasn't taken over by them and was already sold to Azz/Sol - Would I still need to tell PWC?

Due to the costs involved, I am trying to make the application myself than asking solicitors. What I was trying to ask if I had grounds to make an application to have the final charge removed as it was never registered with the Land Registry.  

Sorry for the confusion. Wondering if it would be better for solicitors to deal with this so that we have a better chance at success?

GDB2222

hasjav said:

silvercar said:

So your solicitors are applying to have the charge removed. You, or they, can then apply to the Land Registry to have it expedited as a sale depends on this getting done (quickly). The sale is to you.

At the same time, you could email back Ed, to say you are waiting for a response, though if your solicitors are going ahead without a response from the liquidators, they might think it unnecessary.

Hi there, The debt was sold to Azzurro/Solaris in July 2021 by PCF Credit LTD who went into liquidation in June 2024. The liquidators PWC would have no say in the matter since the debt wasn't taken over by them and was already sold to Azz/Sol - Would I still need to tell PWC?

Due to the costs involved, I am trying to make the application myself than asking solicitors. What I was trying to ask if I had grounds to make an application to have the final charge removed as it was never registered with the Land Registry.  

Sorry for the confusion. Wondering if it would be better for solicitors to deal with this so that we have a better chance at success?

You should definitely get a solicitor to deal with it. 

silvercar

hasjav said:

silvercar said:

So your solicitors are applying to have the charge removed. You, or they, can then apply to the Land Registry to have it expedited as a sale depends on this getting done (quickly). The sale is to you.

At the same time, you could email back Ed, to say you are waiting for a response, though if your solicitors are going ahead without a response from the liquidators, they might think it unnecessary.

Hi there, The debt was sold to Azzurro/Solaris in July 2021 by PCF Credit LTD who went into liquidation in June 2024. The liquidators PWC would have no say in the matter since the debt wasn't taken over by them and was already sold to Azz/Sol - Would I still need to tell PWC?

Due to the costs involved, I am trying to make the application myself than asking solicitors. What I was trying to ask if I had grounds to make an application to have the final charge removed as it was never registered with the Land Registry.  

Sorry for the confusion. Wondering if it would be better for solicitors to deal with this so that we have a better chance at success?

Any input @Land_Registry ?

Land_Registry

silvercar said:

hasjav said:

silvercar said:

So your solicitors are applying to have the charge removed. You, or they, can then apply to the Land Registry to have it expedited as a sale depends on this getting done (quickly). The sale is to you.

At the same time, you could email back Ed, to say you are waiting for a response, though if your solicitors are going ahead without a response from the liquidators, they might think it unnecessary.

Hi there, The debt was sold to Azzurro/Solaris in July 2021 by PCF Credit LTD who went into liquidation in June 2024. The liquidators PWC would have no say in the matter since the debt wasn't taken over by them and was already sold to Azz/Sol - Would I still need to tell PWC?

Due to the costs involved, I am trying to make the application myself than asking solicitors. What I was trying to ask if I had grounds to make an application to have the final charge removed as it was never registered with the Land Registry.  

Sorry for the confusion. Wondering if it would be better for solicitors to deal with this so that we have a better chance at success?

Any input @Land_Registry ?

Unsure if there is much I can usefully add as it reads as if the OP has already been in touch with us and presumably received some form of response/guidance from a registration perspective
The only general comment I would make is that a charging order is usually only ever protected on the register when the interim order is granted. Whether or not it was made final is usually irrelevant in that regard as the interim and final both protect the same debt. 
The OP refers to the final charging order not being registered but that has no impact IF the interim one is already on the register and protected
Likewise a charging order in one name on the register but sold on to a new creditor isn't updated/changed re the names. It is again the same debt so no update/change re name of creditor is needed
I would always recommend seeking legal advice re such matters but if the OP wants to share the title number in a DM then happy to check and confirm what's been asked and advised from our end. But if the repossession route has been taken then I suspect OP is much further down the legal route and nothing I can add to assist

hasjav

Land_Registry said:

silvercar said:

hasjav said:

silvercar said:

So your solicitors are applying to have the charge removed. You, or they, can then apply to the Land Registry to have it expedited as a sale depends on this getting done (quickly). The sale is to you.

At the same time, you could email back Ed, to say you are waiting for a response, though if your solicitors are going ahead without a response from the liquidators, they might think it unnecessary.

Hi there, The debt was sold to Azzurro/Solaris in July 2021 by PCF Credit LTD who went into liquidation in June 2024. The liquidators PWC would have no say in the matter since the debt wasn't taken over by them and was already sold to Azz/Sol - Would I still need to tell PWC?

Due to the costs involved, I am trying to make the application myself than asking solicitors. What I was trying to ask if I had grounds to make an application to have the final charge removed as it was never registered with the Land Registry.  

Sorry for the confusion. Wondering if it would be better for solicitors to deal with this so that we have a better chance at success?

Any input @Land_Registry ?

Unsure if there is much I can usefully add as it reads as if the OP has already been in touch with us and presumably received some form of response/guidance from a registration perspective
The only general comment I would make is that a charging order is usually only ever protected on the register when the interim order is granted. Whether or not it was made final is usually irrelevant in that regard as the interim and final both protect the same debt. 
The OP refers to the final charging order not being registered but that has no impact IF the interim one is already on the register and protected
Likewise a charging order in one name on the register but sold on to a new creditor isn't updated/changed re the names. It is again the same debt so no update/change re name of creditor is needed
I would always recommend seeking legal advice re such matters but if the OP wants to share the title number in a DM then happy to check and confirm what's been asked and advised from our end. But if the repossession route has been taken then I suspect OP is much further down the legal route and nothing I can add to assist

I will send you a DM once I have figured out to do it (relatively new here). 

hasjav

I found some information but I am not sure of the source -

 "a final charging order can be set aside in court if it is the result of a mistake or misapplication of the law, and the debtor can demonstrate the basis for cancellation through evidence of payment or other arguments to the court. For registered land, the final charging order must be registered with the Land Registry to be fully effective, and the person applying for the charging order is responsible for lodging the application to have it registered. Failure to register the charge does not prevent it from being valid, but it can make it vulnerable to being set aside, and the creditor may be required to take steps to resolve the matter". 

Then it mentions steps to set aside a charging order and other information.

The statement above in bold gives me a bit of hope and I am trying to gather evidence etc.

We didn't even know about this final order until 6 October 2025. We found out about the interim charge in October 2023 when court proceedings for repossession started. It was mentioned how this would be dealt with as Santander had interest in the property. 

There may be time limits for applying to set aside a charging order though and a long time has passed but I might be able to make an application with compelling personal reasons? Surely the court might consider my Dad's cancer diagnosis/disability and financial plight while these events were happening and we had no knowledge of this as we were busy with Dad. I have requested evidence from my late father's doctor's practice and we happen to have a statement of means that was sent to some creditor during this time but I can't recall why.

Then I have also read somewhere that the order can be set aside if other people such as my mum and siblings/anyone who was living at my father's address etc, have a financial interest (or something along those lines) so I can also make this a part of my argument.

To be honest, I would even be happy if the order can be varied with the interest taken off. Surely Solaris Law should at the very least remove the interest accrued from when I first made an enquiry about the order.

I like to think I know where I am going with this (reality might differ) but I don't know how to get there. This is why I am here. I have had help here a few months ago and I can't thank you guys enough. Thank you so so much!

Land_Registry

The charging order is noted on the register. Creditors do that when the interim order is granted. They can also apply to note the final order but most don't as there is no need to as previously explained - see Practice guide 76: charging orders - GOV.UK 
Santander have a legal charge (mortgage) on the property that pre-dates the charging order. That mortgage and the repossession is a quite separate matter for them. It's very unlikely that they will consider the charging order as having any impact on them re the mortgage and the repossession process they are following as a result - Transfer under a chargee's power of sale (PG75) - GOV.UK 
You appear to be fighting on two fronts and both are legal matters and dealt with through the courts unless you resolve them direct with Santander and then the creditor - you really must rely on your legal rep here to assist 

silvercar

If Santander repossess with the charging order still in place, they would give any equity (after the Santander mortgage has been repaid) to clear the Solaris debt. Anything left over they would pass to the owners. So a key question is whether a sale price would be enough to clear  the Santander mortgage?   

hasjav

Land_Registry said:

The charging order is noted on the register. Creditors do that when the interim order is granted. They can also apply to note the final order but most don't as there is no need to as previously explained - see Practice guide 76: charging orders - GOV.UK 
Santander have a legal charge (mortgage) on the property that pre-dates the charging order. That mortgage and the repossession is a quite separate matter for them. It's very unlikely that they will consider the charging order as having any impact on them re the mortgage and the repossession process they are following as a result - Transfer under a chargee's power of sale (PG75) - GOV.UK 
You appear to be fighting on two fronts and both are legal matters and dealt with through the courts unless you resolve them direct with Santander and then the creditor - you really must rely on your legal rep here to assist 

Thank you for this. My solicitor did say that even if I take the matter to court, the court would have the view that there is a debt (charging order) needs to be paid. I am probably trying to find a loophole but after reading that, I think I would be happy to ask the court to vary the order as the interest being charged is excessive.

hasjav

silvercar said:

If Santander repossess with the charging order still in place, they would give any equity (after the Santander mortgage has been repaid) to clear the Solaris debt. Anything left over they would pass to the owners. So a key question is whether a sale price would be enough to clear  the Santander mortgage?   

Yes, my mortgage offer is adequate to cover the first (Santander) and second (PCF) charges but where I am stuck is that my mother and siblings have a financial interest in the property too and rightly so and there may not be enough left over to give to them. So I also need to protect their interest too which is why I am trying to find a way to use this as an argument in court. 

I do hope I am making sense - I understand I am out of my depth here but we see people all the time fighting their legal battles with no law degrees.