Charge on property

HelpM3 · 20 November 2019 at 1:32AM

Hi

First time posting on this forum. Hopefully will get some good advice.

Basically am in the middle of remortgaging my late parents property. There’s a few charges on the property but there is one that I have had no luck in getting in contact with.

This charge is with open + direct finance Ltd which is now out of business. After doing a bit of research on goggle it comes up with creation financial service limited is now what it’s trading under.

I have been in touch with creation so many times for them to tell me they ain’t got a clue as there is nothing on my late parents name or address coming up on their system.

I’ve been passed around to so many other companies and still no luck.

This has been going on since June it’s now November and My remortgage offer is soon going to expire. And I don’t no where else to go.

Anyone got any ideas

Thank you

HelpM3

davidmcn · 20 November 2019 at 9:22AM

Is the remortgage with solicitors? Often they'll know from past experience what's happened with defunct lenders. Never heard of them myself.

ETA: Actually I see from Companies House that Open and Direct Retail Services Limited simply changed its name to Creation Consumer Finance Limited - it's the same company, and it's still active. So if the charge wasn't assigned to anybody else, it's them who should be discharging it. I would just push them to remove it if they can't find an account which requires them to maintain the charge. Ultimately you can go to court if necessary.

Thrugelmir · 20 November 2019 at 3:57PM

Who dealt with the executorship of your late parents estate?

HelpM3 · 20 November 2019 at 4:13PM

Hi I did it myself with the probate.

HelpM3 · 20 November 2019 at 4:18PM

Hi

I’ve got a conveyance dealing with it. But they are very unhelpful and I’ve ended up doing all the running round. Trying to get it sorted before expiry date.

Everyone I’ve spoke to at creation no clue. I’ve sent a letter to the complaint department suggested by the financial Ombudsman .

Thrugelmir · 20 November 2019 at 4:22PM

HelpM3 wrote: »

Hi I did it myself with the probate.

Did you place an advert in the London Gazette?

HelpM3 · 20 November 2019 at 4:56PM

Sorry I don’t get you. The house was left for me and is paid off for.

davidmcn · 20 November 2019 at 5:01PM

I think the question is how have you worked out that there is no money due under the charge from your parents' estate(s)?

HelpM3 · 20 November 2019 at 5:08PM

Hi the conveyance company have come back and said that there is a few charges on the property that needs sorting out before we can move forward.

Now we had account details and paperwork for the other charges except for this one from Open + direct .

davidmcn · 20 November 2019 at 5:36PM

I'll try again - how do you know you can remortgage it if you don't yet know the size of any debts due by your parents' estate?

Thrugelmir · 20 November 2019 at 6:07PM

HelpM3 wrote: »

Sorry I don’t get you. The house was left for me and is paid off for.

In your role as executor of the Estate , as opposed to a beneficiary, it's your personal responsibility to ensure all debts owed by the Estate all settled. Placing a notice in the Gazette and waiting a suitable length of time fulfills this obligation.

https://www.thegazette.co.uk/wills-and-probate/place-a-deceased-estates-notice#faq-1

Charge on property

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