legal charge on property

novelli

This is the response i have had from the solicitor that dealt with it at the time

In fact we received correspondence from XXXX November 2007 asking us to forward your current address to them. We did not do so firstly, as we did not have your current address and secondly, because all of our papers in the matter have long been destroyed.

This means that we have not been able to trace our ledgers going back to some 20 years or so. I note that you say that you never received funds from us. I cannot clarify this one way or the other for you. What I would say however is that if you were Legally Aided, payment may have been made directly to the Legal Aid Board. If you have retained Legal Aid papers, an enquiry of them may move the matter further forward for you. They are now the Legal Services Commission.

Sadly I have no recollection of the matter at all and without any documentation to assist me, I regret that I am unable to assist further.

Mrs XX will no doubt be further advised by her Solicitors as to the action that they can take on her behalf.

Yours faithfully
So what do i do now???? The fact remains that she wants to sell the property but cant without my signiture, which i am not willing to give without the money??
I was legally aided at the time but there was an order of costs against her for over £900, so the legal aid board couldnt have taken all of the money anyway, AND shouldnt her solicitors have ensured that if that money was paid to my solicitor in 1989 that i signed to have my name removed from the register??? They didnt and my name has remained on the property ever since, leaving her in rather a predicament. (what goes around comes around some would say)

All i know is that i never received a penny of that money and now my ex solicitor is saying well they dont have any records so nothing they can do??

silvercar

I can understand that solicitors don't keep records for that long, but they must keep money!

So the presumtion would be that either they paid the money to you or they didn't receive any or it all went to the legal aid board.

Of course her (or their solicitors if they were together then) solicitors should have made sure the charge was removed at the time you received payment. I would lean heavily on this arguement.

This is all a problem for her, not you. If she wants to sell she is going to have to get rid of the charge or pay it from the proceeds of the sale.

Do contact the land registry to check that she can't get the charge removed on spurious grounds like you can't be found, 'cos there are ways of removing charges if people really can't be found.

novelli

Thanks
ive downloaded the deeds from the site u mentioned and it does indeed still have my details on it as having the equitable charge, though no figure whatsoever is mentioned.
I have now emailed the registry asking what the process would be for both parties to hvae the charge removed, so will see what they come back with.

As no figure is mentioned and no one has any documents anymore is there anywhere on the net that i can search for past county court judgements to see exactly what was agreed, I have the judgement number and know which court it was at?? bearing in mind this was in 1989??

:beer:

Joannef_2

You can copies of Charging Orders from the Land Registry - I think it costs £10.00.

novelli

i cant seem to find anywqhere on the site where i can get a copy of the chagre details???