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  • #16
    Originally posted by des8 View Post
    Whilst agreeing with jaguarsuk I think your best hope of recovering any of those loans is to negotiate using that charge as a bloody big lever.
    Refuse to discuss the charge until the more recent loans have been at least partially repaid
    Un til the charge is removed they can't sell.
    Oh yeah, if you can get them to pay up without spending a penny then that is always the preferred option. And the very fact they are trying to get it removed means you would be scuppering whatever plans they are formulating. If it really is as simple as an objection stops it being removed then that's your route.

    I wouldn't even say partially paid off, you want every penny and then you'll allow it to be released, otherwise they'll part pay and bugger off.

    If it's not as simple as the objection keep it there, the reason I think it's worthwhile pursuing the claim is that if successful and you obtain a judgement you have something to enforce. If they refuse to pay the judgement you can apply for a charging order on that judgement to further secure the property not being sold without the judgement being settled.

    The downside is they'd have a CCJ on their file, which could scupper a mortgage to move elsewhere preventing them from moving for 6 years and thus a protracted wait to see the funds.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    • #17
      Hi, thank you again for your help in this matter. I went to the solicitor yesterday and he was quite optimistic with the various elements of paperwork I provided that we can get the objection into the land registry and also he feels there's a good case for the other £10k that has not been paid back. We have to submit the objection in by this Friday so I assume it won't be too long before we hear the outcome of this...am keeping my fingers crossed we are successful and I will let you know the outcome!

      Thanks

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      • #18
        Hi, just to keep you updated...our fantastic solicitor raised an objection to the application for removal of the caution...and the objection was upheld :-) So we are hopefully stepping in a positive direction! Thank you again for your support, I shall keep you posted on the status as we travel through!

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        • #19
          good news then

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