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25 year old charging order

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  • 25 year old charging order

    Hi Guys,

    Just looking for some advice and hope that i'm posting in the right area.

    My father got into trouble with his business over 25 years ago and this meant his business loan which he fell into arrears with was registered as a CCJ against him. Natwest (who the loan was with) then applied for a charging order against his property which was granted by the courts.

    My father is now looking at options to release some money from his equity and he has bought up this issue regarding the charging order. Now the charge was 25 years ago and he hasn't received any communication from Natwest in that time. My question has 2 parts:

    Firstly i have read on a couple of sites that after 12 years the charge is unenforceable. Does this mean that we could ask for this charge to now be removed even though it hasn't been paid?
    Secondly if we was to pay it would they of been charging interest for all these years or is there a limit on what they can charge?

    I understand a land registry search would confirm if the charge is still in place but after looking at the land registry site i'm confused on what search to apply for?

    Many thanks

    Tony
    Tags: None

  • #2
    Any charge against the property should be noted on the title deeds.

    No expert on the life of them but from looking around I can't see anything obvious in England and Wales which restricts the length of time for which they are valid once granted. The law appears to have remained the same as discussed here - http://legalbeagles.info/forums/foru...067#post680067

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