removal of charges from land register

[DANNYBOY62]

thank you peridot i will follow your advice dannyboy62

[DANNYBOY62]

thank you peridot for your time and knowledge dannyboy62

[DANNYBOY62]

hello again peridot i took your advice re contacting cabot and black horse with cabot i specifically asked that if they now own the debt if they also have ownership of the charge they have not replied and that is now a month ago i also contacted black horse by phone and letter and neither have they replied . another thing is as the debt was in my name only and i have a wife and two children is it legal for black horse to place a charge on the house even though my wife lives here as well again my thanks

[Peridot]

Hi Dannyboy62,
Whose name(s) is the property in? Have you found a buyer yet and are solicitors dealing with the sale? Always more questions

[DANNYBOY62]

hi peridot as i said in my post not clearly that my wife is the joint owner

[Peridot]

Ok, have you found a buyer and have solicitors/conveyancers been instructed yet?

[DANNYBOY62]

hi peridot the house is on the market but i have not had any definite offers yet the reason i am trying to find out now as to who owns the charge is to avoid solicitors costs and time . anyway dont you think it strange that neither of them have replied to my queries i did sar them both 6 months ago but they couldnt produce the cca why is this on foot of all this fom both cabot and black horse could i apply to remove the charge altogether through the courts or even the threat of it may flush out the real owner i think it is criminal the way these companys behave ARE THEY ABOVE THE LAW again my sincerest thanks

[DANNYBOY62]

Hello again peridot neither black horse or cabots have come back to me even though i sent them both a signed for letter requesting the information i have spoken to you about namely whose responsibility is it to remove the charge on my property im flummuxed at this stage to be honest why are they not replying i would appreciate any help or advice please thank you

[Peridot]

Hi Dannyboy62,

As I say I would probably leave it to the solicitors to deal with. Have they indicated there would be an added fee for this? Generally there wouldn't be, you do of course need to let them know there is the charge in place then they make contact and deal with it. Maybe they would have more luck receiving a response being on solicitor's headed paper/e-mail etc?

I have also found the complaints page for Black Horse, if you haven't made a complaint already it may be worth thinking about just to get someone corresponding with you. Here's the link: https://www.blackhorse.co.uk/complaints There is also a phone number there.
I have also found Cabot Financial (although do check this is the correct company before ranting at them ) Here is the link: https://www.cabotfinancial.co.uk/contact

Make a nuisance of yourself, calling etc. Maybe that will provoke a response but if not leave the solicitor/conveyancer to deal with it. The account number should be indicated on the charge information on the legal title.

Fingers crossed you get through for the info.

[DANNYBOY62]

Hi Dannyboy62,

As I say I would probably leave it to the solicitors to deal with. Have they indicated there would be an added fee for this? Generally there wouldn't be, you do of course need to let them know there is the charge in place then they make contact and deal with it. Maybe they would have more luck receiving a response being on solicitor's headed paper/e-mail etc?

I have also found the complaints page for Black Horse, if you haven't made a complaint already it may be worth thinking about just to get someone corresponding with you. Here's the link: https://www.blackhorse.co.uk/complaints There is also a phone number there.
I have also found Cabot Financial (although do check this is the correct company before ranting at them ) Here is the link: https://www.cabotfinancial.co.uk/contact

Make a nuisance of yourself, calling etc. Maybe that will provoke a response but if not leave the solicitor/conveyancer to deal with it. The account number should be indicated on the charge information on the legal title.

Fingers crossed you get through for the info.

AGAIN MY SINCEREST THANKS PERIDOT I WILL DO AS YOU SAY THERE IS JUST ONE THING THAT RANKLES WITH ME AND THAT IS IN THE TWO SAR REPLIES FROM BOTH BLACK HORSE AND CABOT NEITHER OF THEM CAME UP WITH THE CCA WHEN I QUERIED THIS WITH CABOT THEY SAID THEY DO NOT HAVE IT AND THAT ANYHOW IT DOES NT
REALLY MATTER AS THEY HAVE A CCJ FOR THE AMOUNT IS THIS RIGHT I THINK I READ SOMEWHERE THAT WITHOUT THIS DOCUMENT OR PROOF OF DEBT THAT THEY HAVE NO LEGAL RIGHT TO PURSUE IT STRANGE THEY DISSAPPEARED WHEN I QUERIED THEM ON THIS SOME TIME AGO . I ALSO SENT A SAR TO BLACK HORSE AND NEITHER HAVE THEY PRODUCED IT THE DAY THE CCJ WAS GRANTED IN THEIR FAVOUR I DONT THINK I ASKED FOR THE CCA DOC I WAS DEFENDING MYSELF (stupidly) as the judge would nt even let me speak it was a FAIT ACCOMPLI really for BLACK HORSE

[Peridot]

Hi again,
I can understand why you are so frustrated, however the CCJ has already been placed as a charge against the property. I believe the time to rant and rail about the CCA was at the time the CCJ was applied for. There are far more knowledgeable people on here with regards to this aspect who will no doubt jump in if there is something you can do about it Amethyst ? From my understanding, you are too far down the line with the charge already in place,

to now question the original CCJ

I'm afraid.

[Amethyst]

After judgment there is no requirement for them to produce the original credit agreement and you have missed the boat in challenging the CCJ ( you attended the hearing so it would have had to be an appeal ) also there would have been an application for the charging order at the time following the failure to pay the judgment which you could have defended against.

The Charging Order - when you sell the house the holder of the charging order ( well, restriction if you house is jointly owned but the ccj was only against you ) will be notified and if they do nothing, well, nothing happens. I am sure the solicitors/conveyancers charges ( anything additional been requested / anything been flagged up at all by solicitor/conveyancer/interested purchaser etc ? ) would be less than paying £22k ( or even a partial settlement to have it removed ).

You could, if you could get something from Black Horse saying you owe them £0, complete form RX3 with the Land Registry to have it removed.

Did you get a copy of the actual charge/ restriction off the Land Registry ? You can get that with form Oc2 and a fee of £7 I think ( here https://www.gov.uk/government/public...gistration-oc2 ) Have you already checked it is still in existence and still in Black Horse's name?

[Peridot]

Hi again,

Thanks Amethyst

The problem with the RX3 is the fact the creditor would need to sign the document or provide confirmation that there is no charge remaining in order to have the charge removed. You've had numerous delays just trying to locate the info let alone getting them to sign the removal of restriction form. A solicitor's letter/correspondence will more likely get a result, hence my suggestion you let them deal.

[DANNYBOY62]

thank you peridot and amethyst for your advice and also just for being there and taking the time to contact me god bless you both

[DANNYBOY62]

Dear peridot further to our previous chat and your advice which i have taken (thank you) i have now had an offer on my house i had to drop the price significantly howsever the loan was from black horse in 2008 they got a charging order the debt was unsecured in my name only i have asked for the my cca from cabot and black horse to no avail they have both gone to ground not a tittle when i asked for the signed cca i believe in reading the threads on legal that if its in my name only that they cannot have a charge but some other claim whereby the figures would change and they also have a figure of £22000 i only borrowed £15000 according to some docs ive found in the sar reply so what do you advise its all very confusing and draining thank you