Charging Order? The myth

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  • eggbox
    eggbox Posts: 1,774 Forumite
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    Land_Registry_representative wrote: »
    Apologies eggbox as it seems I missed a few posts to the thread recently

    Hi LRR, no problem as you may have the same trouble I'm having in not being updated as usual of new posts? (I've had to unsubscribe from thread and then resubscribe for some reason??)

    But thanks for the update and you have given the answer I required!
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Land_Registry_representative wrote: »
    Apologies also to Enterprise1701C as well for a slow response

    Whether it makes a difference probably depends on your circumstances as it seems likely that it will only make a difference as and when you wish to sell or remortgage for example as in all likelihood you would need to secure the charge's removal.

    Now I'm a little confused again as you have updated that a "Caution" could be over reached as a Restriction can be?

    Would the above comment you have made to Enterprise1701C only apply to a "Notice"?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    eggbox wrote: »
    Now I'm a little confused again as you have updated that a "Caution" could be over reached as a Restriction can be?

    Would the above comment you have made to Enterprise1701C only apply to a "Notice"?

    eggbox - I took Enterprise's post as relating to whether it made any difference in pursuing the matter or not from their perspective. Probably something for others to comment on from a wider perspective but merely reiterating that it would have to be dealt with at some point so better now than waiting for when timescales are tight?

    My reference to overreaching related to the issue around the Transfer for value by 2 or more people overreaching the form K restriction. The same thing could happen with a caution but the details made that 'less obvious' to the reader/debtor - does that remove the confusion?
    “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"
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Land_Registry_representative wrote: »
    My reference to overreaching related to the issue around the Transfer for value by 2 or more people overreaching the form K restriction. The same thing could happen with a caution but the details made that 'less obvious' to the reader/debtor - does that remove the confusion?

    I think it does. Enterprise had indicated the CO was only against his other half which is why just wanted to clarify what you had said regarding securing the charges removal wasn't referring to paying it off to get removed.

    I have asked Enterprise what the wording is on his Caution but can I just ask if they were worded similar to a Form K Restriction or took a different form completely? I believe there was a 14 day period of notice required and the LR were also required to notify the creditor?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    edited 17 June 2015 at 3:12PM
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    The wording was completely different and here's an example

    Caution in favour of JAMES KIRK of 26 Starship Avenue, Spockton, London N17 3PQ ( the wording is an actual example taken from our own internal guidance and not intended as 'poor humour' here so hope no offence taken)

    The process for dealing with such entries and their removal was quite different.

    Are you sure that it is registered as a caution or has Enterprise DM you?
    The other thread suggested that it was a registered charge - reading it again though it seems unclear so I assume you have more details
    “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"
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
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    eggbox wrote: »
    Now I'm a little confused again as you have updated that a "Caution" could be over reached as a Restriction can be?

    Would the above comment you have made to Enterprise1701C only apply to a "Notice"?

    Hi Eggbox & LRR

    Cripes… I'm confused too, as my modified form K includes a 14 day Caution…
    So LR haven't done away with cautions entirely but can add them to a standard restriction, then?
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Land_Registry_representative wrote: »
    The process for dealing with such entries and their removal was quite different.

    Can I ask how so?
    Land_Registry_representative wrote: »
    Are you sure that it is registered as a caution or has Enterprise DM you?

    I'm assuming it was as Enterprise stated the CO was only against his other half?
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Dakota

    Have you heard back from your neighbours Solicitors yet?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    DAKOTA45 wrote: »
    Hi Eggbox & LRR

    Cripes… I'm confused too, as my modified form K includes a 14 day Caution…
    So LR haven't done away with cautions entirely but can add them to a standard restriction, then?

    DAKOTA45 - I think things are getting a little muddled here

    A caution is the type of entry most commonly used to protect a CO on the register prior to 2003

    After 2003 new cautions could not be registered and the CO, in the case of a joint owner/sole debtor, protected by a form K restriction.

    The 14 day notice you refer to is part of the form K restriction wording/requirement

    You cannot add a caution to a form K restriction

    Enterprise's circumstances relates to a very old debt (20 years) so will have been registered prior to 2003.
    “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"
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    eggbox wrote: »
    Can I ask how so?

    I'm assuming it was as Enterprise stated the CO was only against his other half?

    The difference was invariably with regards the evidence lodged to support the caution's removal.
    There was still the need for us to serve a notice and for either party to fight their corner as necessary but the wording of the caution entry differed from that of the form K restriction so was seen as 'less helpful' in many ways.

    Enterprise's other thread does not make it entirely clear and I am not too sure that they have explained in full what the 'debt' is and how it is protected on the register. Until they do it is impossible to be clear on what is required
    “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"
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