Adinuff's UE Diary

[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

[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

[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 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

[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 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

[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,
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

[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

Hey Nanna,
Where's everyone gone?
Adinuff

[Pixie]

Re: Adinuff's UE Diary

The forum is very quiet at the moment - everyone's probably busy preparing for Christmas. I can't help because I don't know enough about property; maybe PM PlanB?

[nightwatch]

Re: Adinuff's UE Diary

AGREE WITH PIXIEXXX ooops sorry didn't mean to shout xx

[nanna58]

Re: Adinuff's UE Diary

Yep, PM Plan B she us a wizz wth property x

[Adinuff]

Re: Adinuff's UE Diary

Hey Guys,
Thanks for replying. Can't seem to get through to anyone. Sent PlanB an email and no reply. Hope everything is ok with her. Wish you all a Merry Christmas 😊

Thanks

Adinuff

[nanna58]

Re: Adinuff's UE Diary

Sorry hun I'll flag it up for you .x