removal of charges from land register

**wales01man** · 31st January 2018, 16:06:PM

It will be removed when you pay it off or when house is sold and there is equity left over

**DANNYBOY62** · 31st January 2018, 16:29:PM

thank you wales01but i dont know who owns the debt is it cabot or black horse as i said in my query black horse sold the debt to cabot does that mean cabot also have a charge on the property after all it was black horse who got the ccj in 2011thank you dannyboy 62

**Peridot** · 31st January 2018, 16:38:PM

The solicitors/conveyancers acting in the sale will deal with the company detailed on the charges register. They can contact to ask for the final figure to deal with that upon sale. I assume you aren't questioning the debt with Black Horse?
If Cabot had obtained a charge on the property it would be listed in the Charges Register on the Land Registry Official Copy of the Entry against the property.

**DANNYBOY62** · 31st January 2018, 17:00:PM

the debt began in 2008 the ccj 2011does this mean it is statuute barred and if it is do they (cabot or black horse)have to remove the charge

**wales01man** · 31st January 2018, 17:04:PM

CCJs do not become statute barred sorry to say

**DANNYBOY62** · 31st January 2018, 18:18:PM

is it possible that the ccj could be set aside seeing as neither black horse or cabot cansupply the original cca proof of debt

**DANNYBOY62** · 17th February 2018, 09:38:AM

rethe above cabot bought the alleged loan from black horse is it up to them to remove the charge or do black horse still own the charge i wrote (emailed) cabot but they have not replied .can i apply to the court to remove it or what is the procedure thank you

**Peridot** · 17th February 2018, 19:11:PM

Hi,
to have the charge removed the debt has to be settled. It doesn’t become statute barred. It is not a case of applying to Court for the charge to be removed. The debt is settled the charge will be removed by the creditor signing a specific form that goes to the Land Registry applying for the charge to be removed.
Are you trying to settle the debt? If that is the case I would contact both Black Horse and Cabot to see what the final figure is to settle it. The charge will be removed. If this is part of a house sale the solicitors/ conveyances should deal and settle the debt from the proceeds as I mentioned above. Is the issue the creditor hasn’t responded to the solicitor/ conveyancer with the required information? Is this preventing a house sale going through?

**DANNYBOY62** · 23rd February 2018, 15:04:PM

thank you peridot the alleged debt was aquired by cabot from black horse but charge on the register is in black horses name so who then are responsible for removing it again my thanks

**Peridot** · 26th February 2018, 09:53:AM

Hi,
Have you had any luck contacting either Black Horse or Cabot? My understanding would be that Black Horse would have to remove the charge as it is in their name. However if Cabot are able to evidence they now have control of the charge then HMLR may accept instructions from them. Are conveyancers dealing with this or is?

**DANNYBOY62** · 26th February 2018, 10:37:AM

dear peridot im not sure if cabot now have a charge on my house i am going to go through all their docs and see what they say regarding the charge and i will post it up in answer to your question no i dont have a conveyencer do you think i should get one its just that money is very tight with me owing to the fact that i paid out almost Ł5000 to a barrister to fight a repossesion claim and she lost so i have until may to find a buyer for my lovely bungalow elderbridge are the claimants on that one i will now go through all the cabot and black horse docs its all very draining again my thanks dannyboy62

**Peridot** · 26th February 2018, 11:20:AM

Hi Dannyboy62,

Sorry I am getting a little confused (and may be confusing you too)

So the property is to be sold?
Is this due to the charge that's in place (Black Horse) being called in or another issue?
Who has asked you to obtain the information about the Black Horse charge or are you just trying to get information for yourself?

If the property is to be sold and there is no way you can settle the debts without selling the property, I would leave it to the conveyancers when you have found a buyer for your bungalow.
If/when it is sold the conveyancer acting for you will deal with any charges in place and pay the outstanding sum due on them before any sum is paid to you.

You what I have tried to clarify above - that you need to sell the property and haven't been asked to obtain the Black Horse/Cabot information, I wouldn't have said you need a solicitor at this point.

**DANNYBOY62** · 26th February 2018, 11:39:AM

thank you peridot as i said elderbridge got the repossesion last month and the judge gave an order to place the house on the market and have legal offer on it by the 5/05/2018 black horse have a charge on it from a previous alleged loan taken out in march 2008 i never paid any moneys on that loan so what i am trying to establish is (a) who now owns the charge and is it still legitimate (b) i have written to both black horse and cabot but have not had a reply thank you for your help

**Peridot** · 26th February 2018, 11:56:AM

Hi again,

A charge that has been placed, provided it was obtained correctly which from the beginning of your thread seemed to be the case cannot 'expire' for want of a better word, so it will still be live.

If the property is being sold (I assume that you have now placed it on the market?) then leave the conveyancers to deal with the charge and payment upon completion of the sale.

If you are suggesting that you will not be selling the bungalow (be careful if this is your intention, as there is a Court Order stating the property is to be marketed) and you are proposing settling the debts yourself, then I would continue to write to both Black Horse and Cabot to try and find the information that you need to repay the debt and any interest that has accrued. Contact customer services, write to the senior managers etc and keep plugging away.

If the property is being marketed and will be sold then let the lawyers/conveyancer deal with it. They will have to obtain all the necessary information to deal with the repayment when the property sells. You don't need a lawyer except to deal with the sale of your property when the time comes.

As I mentioned previously, the charge will only be removed when the debt is settled, which from the sounds of it will be when your property is sold.

removal of charges from land register