equitable charge on property

[wotbriefcase]

Hi all , just joined this site hoping to get help with an equitable charge made by capquest on my property. I have recently started to remortgage my property and on experian item the charge shows. This is stopping me get my mortgage without it being paid.

The original debt was wit shop direct , and that debt was passed on to other companies. Capquest were the ones that got a court order for the debt hence the charge that now exists. I am raging. These companies were sent the conditional acceptance forms etc recorded delivery als the other forms requesting proof cca etc , then cease and desist forms. They have never proved this debt yet are refusing to remove the charge from my property saying I still owe the debt.
When I rang them it was just a computer says no moment , even though I talked to their legal team .... who could not answer my questions , being very cautious in what they were saying. The debt is with drysdens solicitors now . No joy there either.
When I asked numerous times whether capcould remove the charge , the legal team kept saying I would have to speak with drydensfairfax

Please help.

[wotbriefcase]

Any help please

[atticus]

What are the precise words of the Land Registry entries relating to this equitable charge?

[DE DOGS]

Good afternoon Atticus. I am not too sure about this and so I stand to be corrected. But surely that cannot be right, it seems that anybody can allege that there is a debt and then jeopardise your life as easy as this on say so. I would have thought there had to be a Court hearing, to determine the alleged debt.

[islandgirl]

I put a charge on the property of someone who owed money to me but had a CCJ before I did. It seems from the post there was actually a court order involved somewhere along the line

[atticus]

DE DOGS that be why I asked to see the exact words.

[DE DOGS]

DE DOGS that be why I asked to see the exact words.

Must study the question before making a comment, 100 Lines.

[wotbriefcase]

Hi thanks for replying I did not realise I had replies until now, Atticus the exact wording is as follows:

Equitable charge created by an interim charging order of the Bradford County Court dated 15 July 2013 in favour of Capquest Investments Limited

[atticus]

OK, so there is a charging order following a county court judgement. The charging order appears to be in respect of your interest in the property.

Remind me, what is it that you would like to know?

[wotbriefcase]

The charge was made in 2012 by capquest, passed around other companies now sits with drydensfairfax solicitors. in 2018 I sent letter of conditional acceptance forms etc eventually a cease and desist due to them not being able to prove or substantiate the claim.
I rang both companies, spoke to the legal team asking to remove the charge due to not proving the debt in 2018. They said I would have to contact drysdens solicitors as it is with them.... it was just a computer says no moment! Not getting anywhere yet I am trying to remortgage . I cannot until my new provider knows that the charge as been removed. I cannot afford to pay the amount I am deemed to owe. And I cannot remortgage until it is removed. I am stuck . What can I do?

Thanks for you're time

[islandgirl]

There was obviously a CCJ awarded via a court case - did you get involved and oppose it due to lack of proof or did you not know about it?

[wotbriefcase]

The ccj dropped from my credit report I have been building my credit worthiness over previous years . My credit file is good now . I didnt know about the equitable charge that was put on my property in 2012 until applying for a remortgage now . It was news to me

[atticus]

The fact that the judgement may no longer appear on your credit report does not mean that it is not payable. The charging order was put in place to give the judgement creditor some security.

Am I right in thinking that you own the property jointly with another person?

[wotbriefcase]

I am the only name on the mortgage , yet my long term partner lives with me and share all elements of costs bills etc...

[dslippy]

I think Atticus was asking whose name is on the legal title - the registers.