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My wife and I had a joint IVA, part of which included a charging order against our home taken out by Lloyds Bank. We successfully completed our IVA in 2019 and were advised by our IVA practitioners that the charging order had been removed. However, upon selling our home earlier this year it became clear that the charging order on behalf of Lloyds was still in place (we were not aware that the IVA practitioners had also taken out a charging order and that was the one that had been removed).
Our move went ahead but the solicitors are still in possession of monies owed to us (my wife's share) because of the Lloyds charging order, which relates to an old business account of my wife, and they will not release it until the charging order has been removed.
We have spoken to both Lloyds Bank and Poole CC (whop issued the charging order) and both have destroyed the relevant records due to their age. We have supplied the court with copies of the relevant paperwork which, thankfully, we were not negligent enough to destroy. However, the court have responded saying they cannot respond to general enquiries or give legal advice. Our conveyancing solicitors also say this goes beyond their role, even though they have thousands of pounds belonging to us.
In essence we are looking for advice about how to resolve this? Is it incumbent on Lloyds to apply to the court to remove the charging order or is the responsibility ours? Should we go back to our former IVA practitioners, who we believe should have ensured this was resolved at the time the IVA was completed?
Our move went ahead but the solicitors are still in possession of monies owed to us (my wife's share) because of the Lloyds charging order, which relates to an old business account of my wife, and they will not release it until the charging order has been removed.
We have spoken to both Lloyds Bank and Poole CC (whop issued the charging order) and both have destroyed the relevant records due to their age. We have supplied the court with copies of the relevant paperwork which, thankfully, we were not negligent enough to destroy. However, the court have responded saying they cannot respond to general enquiries or give legal advice. Our conveyancing solicitors also say this goes beyond their role, even though they have thousands of pounds belonging to us.
In essence we are looking for advice about how to resolve this? Is it incumbent on Lloyds to apply to the court to remove the charging order or is the responsibility ours? Should we go back to our former IVA practitioners, who we believe should have ensured this was resolved at the time the IVA was completed?
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