Adinuff's UE Diary

[nanna58]

Re: Adinuff's UE Diary

I would love to help , but can't, but you know someone will ..... hang on xxxx

[Adinuff]

Re: Adinuff's UE Diary

Hi Guys,
Received a letter back from Land Registry. They will not remove restriction until provide them evidence that debt has been satisfied. Don't know if anyone wants to chip in?
Adinuff

[Adinuff]

Re: Adinuff's UE Diary

Hi Guys,
Recieved letter back from Land Registry enclosed a copy of a charging order. The letter states :
a. Date of judgement or order given by court and claim number.
b. Amount owning
c. Judgement debtor is the owner of, or has a beneficial interest in the asset described in the schedule below;

1. Interest of the judgement debtor Mr Adinuff in the assets described in the schedule below stand charged with payment of £xxx.xx
together with any further interest becoming due and the costs of the application.

2. The application will be heard at xx:xx xx xxx 2008 at xxxx court when a judge will decide whether the charge created by this order should continue ( with or without modification) or should be discharged.

The Schedule

My Address

From what I see it's not the final charging order because the judge was to decide at the next date. Your help as always welcomed.

Thanks

Adinuff

Bump+1

[Adinuff]

Re: Adinuff's UE Diary

Hi Guys,
Recieved letter back from Land Registry enclosed a copy of a charging order. The letter states :
a. Date of judgement or order given by court and claim number.
b. Amount owning
c. Judgement debtor is the owner of, or has a beneficial interest in the asset described in the schedule below;

1. Interest of the judgement debtor Mr Adinuff in the assets described in the schedule below stand charged with payment of £xxx.xx
together with any further interest becoming due and the costs of the application.

2. The application will be heard at xx:xx xx xxx 2008 at xxxx court when a judge will decide whether the charge created by this order should continue ( with or without modification) or should be discharged.

The Schedule

My Address

From what I see it's not the final charging order because the judge was to decide at the next date. Your help as always welcomed.

Thanks

Adinuff

[PlanB]

Re: Adinuff's UE Diary

I have rung and sent a letter to Land Registry. They have confirmed that there is NO final charging order on record. All they have is an interim order.

Have you got that confirmed in writing by Land Registry (i.e. no final charging order on record)? You'll need that evidence to prove to Weightmans that they never did apply to Land Registry to register a final charge.

The question is have they now missed the boat (time lapse since Interim CO) and/or can they apply to register it now when there is no copy of the Final CO to send to Land Registry (who can't register the CO without court evidence of the Order).

There's another possibility that Weightmans did send a copy of the Final CO to Land Registry who failed to register the CO. They should have kept a record of that in their files so wait for the SAR to get to the bottom of things.

You need everything in writing not random calls to the admin staff at Land Registry who won't be legally trained.

Plan B x

[Adinuff]

Re: Adinuff's UE Diary

Hi Mrs D,
They will only remove if i have proof debt is settled. Debt is still outstanding and when they serve notice on Weightmans their only going to confirm that. But anyhoo I will ask them to remove and show them proof of payments and point out time lapse.

Adinuff

[MrsD]

Re: Adinuff's UE Diary

I think you should follow Jo's advice and ask them to remove. Bear in mind there is a fee to pay.

[Adinuff]

Re: Adinuff's UE Diary

Hi Guys,
Just had another chat with Land Registry and they state that if RX3 is filled out by me . They will still have to serve notice to creditor for permissiOn to remove. Obviously can't see creditor being helpful in the matter. Your help much Appreciated.

Thanks

Adinuff

[Adinuff]

Re: Adinuff's UE Diary

I've replied to your email.

Send a SAR to Weightmans solicitors.

Depending on what comes back you should ask Land Registry to provide you with a copy of the Final Charging Order (if it exists) or in the absence of that (a Final Charging Order) ask them to remove the Interim Charging Order.

The time lapse will help you regardless of your punctual payments.

Plan B x

Hi Plan B and Mrs D,
I have rung and sent a letter to Land Registry. They have confirmed that there is NO final charging order on record. All they have is an interim order. They have stated to have this interim order removed I would require the creditor to fill out a RX4. Alternatively if I have proof that this has been settled I can fill out a RX3 and get it removed. The SAR has been sent to Weightmans. Do you think I would need to go to court to get this sorted. Any suggestions are warmly welcomed.

Thanks

Adinuff

[PlanB]

Re: Adinuff's UE Diary

Hi PlanB,
Ive emailed you the correspondence so you can have a read. I will send the firm a SAR

I've replied to your email.

Send a SAR to Weightmans solicitors.

Depending on what comes back you should ask Land Registry to provide you with a copy of the Final Charging Order (if it exists) or in the absence of that (a Final Charging Order) ask them to remove the Interim Charging Order.

The time lapse will help you regardless of your punctual payments.

Plan B x

[Adinuff]

Re: Adinuff's UE Diary

Weightmans state that you consented to a CO. You say you don't recall doing that.

If you did consent then there would normally have been a Consent Order drawn up, signed by you, which would be filed at court so no need for anyone to attend the hearing which would have been vacated (to save costs). Unless it was only drawn up on the day before the hearing then the Claimant would send someone to the hearing to ask the DJ to rubber stamp the Order. In those circumstances you would not need to attend the hearing.

The solicitors say their agent did attend the hearing and have sent you a copy of their legal rep/agent's attendance notes. What does the agent say happened at the hearing?

To get to the bottom of this you may wish to send the firm a SAR so you'll know exactly what is and what isn't in their files.

Plan B x

Hi PlanB,
My written request I sent recorded post was sent back today. The reason for return was "addressee gone away" But they obviously received my fax and email as the replied to that. There just playing sill buggers at moment.
Ive emailed you the correspondence so you can have a read. I will send the firm a SAR as well. I cant remember agreeing to the Charging Order that's not to say I agreed it was so long back now.

Thanks

Adinuff

[PlanB]

Re: Adinuff's UE Diary

I cant remember agreeing to have charging order against my property . . . . They said they destroy all files after 6 years but seem to rustle up correspondence dated 2006.

Weightmans state that you consented to a CO. You say you don't recall doing that.

If you did consent then there would normally have been a Consent Order drawn up, signed by you, which would be filed at court so no need for anyone to attend the hearing which would have been vacated (to save costs). Unless it was only drawn up on the day before the hearing then the Claimant would send someone to the hearing to ask the DJ to rubber stamp the Order. In those circumstances you would not need to attend the hearing.

The solicitors say their agent did attend the hearing and have sent you a copy of their legal rep/agent's attendance notes. What does the agent say happened at the hearing?

To get to the bottom of this you may wish to send the firm a SAR so you'll know exactly what is and what isn't in their files.

Plan B x

[Adinuff]

Re: Adinuff's UE Diary

I doubt they have anything at all to be honest. So how much do you have still to pay? and why do you want it removed?

Hi MrsD,
I'm paying £21.50 a month. Total outstanding is £8k. Need to remortgage to a better deal.

Adinuff

[MrsD]

Re: Adinuff's UE Diary

I doubt they have anything at all to be honest. So how much do you have still to pay? and why do you want it removed?

[Adinuff]

Re: Adinuff's UE Diary

so essentially they haven't really done what you have asked?

How much of their version is true?

Hi Mrs D,
I cant remember agreeing to have charging order against my property all I can remember is the judge said to me that if I don't pay I will have the Full Charging Order. The land registry deeds still state that its an interim charging order. Weightman's reckons its a full charging order.
They said they destroy all files after 6 years but seem to rustle up correspondence dated 2006. They have just typed up this letter themselves its not original.

adinuff