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Removal of equitable charge when original creditor has ceased trading

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  • Removal of equitable charge when original creditor has ceased trading

    Hello,
    I have an equitable charge created by an interim charging order on my property. The original creditor Britannia, who became bank of Scotland, settled and closed the account but failed to update the land registry. I have tried to remove charge using form cn1 but the land registry say they can’t remove it. My account with bank of Scotland was closed in 2021 due to upgrade of IT systems and there are no longer any records of account- no one seems to know how to get the charge removed, I have confirmation letter from BoS showing account closed - but no way of obtaining a discharge from courts so the land registry can’t remove charge! Any ideas on how to go about this when the original lender is no longer available to speak to or get any further written correspondence ?!
    Tags: None

  • #2
    Can you please post the exact wording of the restriction entered on your Land Registry title.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      (06.08.2008) Equitable charge created by an interim charging order of the Newport (Gwent) County Court dated 24 July 2008 in favour of Britannia.

      NOTE: Copy filed.

      Comment


      • #4
        I don’t have any paperwork (searched high and low but it has gone) relating to original claim. I do have a letter stating account is settled and no further £ owed from lender

        Comment


        • #5
          Why not write to the Chief Executive of BoS, giving full details and requesting his help in arranging removal of the charge?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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