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British Gas Charging Order on Property

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  • THMonday
    started a topic British Gas Charging Order on Property

    British Gas Charging Order on Property

    Hi, not sure if this is the correct sub forum but I'm looking for advice for a complicated situation.

    My uncle who has recently passed was caught tampering with his gas meter at his old business in 2006 and the courts of course sided with the claimant British Gas (BG) and they managed to secure a charging order against his joint owned house (with wife), for amounts totalling ~50k, which he paid in multiple parts in cash and parts in cheque to his solicitors; foolishly he didn't get the receipts of the payments made to his solicitors to pay BG or he lost them (absurd I know). Essentially he fully paid the debt off to BG, which I believe he did as his wife is adamant he did and there are some cheque counterparts and statements of cheques/cash withdrawn, and I believe BG would have chased this up immediately.

    The charging order on the property still remains (placed in 2007 I believe) even though the debt has been paid (cleared in 2008). Now my auntie is wanting to change her will but is needing to remove this from the property, but in order to apply to the land registry for it to be removed they require one of the following: https://www.gov.uk/government/public...m-the-register
    1. A court order discharging the charging order.
    2. A receipt for payment of the money secured. This can be endorsed on a copy of the charging order. The status of the signatory must be clear.
    3. A discharge this may be in form DS1 suitably amended.
    4. Where the applicant is the original creditor, a statement signed by the applicant or their solicitor:
      • identifying clearly the agreed notice in respect of the charging order, and
      • stating that all the money secured by the order has been paid to the applicant.
    5. If a receipt or discharge has not been signed by the original creditor, you must submit appropriate evidence of assignment of the debt. This could be, for example:
      • a certified copy of the assignment document
      • a certified copy of the notice of the assignment which has been given to the registered proprietor who is the debtor.

    I'm looking for some advice on how best to approach this?
    1. I'm assuming a court order discharging the order would require proof of payment which she doesn't have
    2. A receipt she doesn't have, but there's a possibility of asking the bank for records of who the cheques were paid to since we found some of the bank statements for the cheques? This is over 10 years so they might not have these records anymore
    3. A discharge - I'm assuming this is done by the claimant BG once the debt had been paid?
    4. A statement from the applicant/their solicitors - Is this possibly the best course of action to ask BG's general counsel? Would they likely have legal records dating back to 2008/6 and whether it had been paid, and if so be willing to sign a statement stating the debt had been paid
    5. Not quite sure what this is?
    Thanks in advance,

    I understand that any advice given cannot be taken as legal advice but any given would be greatly appreciated

    Edit: This might be better suited to the court sub-forum if a moderator wants to move this post
    Last edited by THMonday; 24th November 2021, 14:45:PM.
    Tags: None

  • echat11

    des8 Can you please rake a look and advise, many thanks.

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