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Capquest won't remove charging order!!

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  • Capquest won't remove charging order!!

    HELP!!
    I had a CCJ back in 2010 and a charging order was placed against my house. The original debt was for RFS Limited.
    I have since paid all debts back to Cap quest who took over the debt.
    I applied to remortgage my house back in February as myself and my husband have separated, it was then I was told the charging order was still against the land registry.
    I called cap quest - where I was passed from various different departments for 3 weeks to be told I still owed £30. I was told that because I had taken a settlement figure that is why the order wasn't removed, which had I been told at the time I would have settled the extra £30! Anyway following that it took them another 3 weeks to tell me how I could settle the debt as the customer services team couldn't deal with it.
    Finally settled on 27th March and I am still waiting for the charging order to be removed.
    First I was told that the debt had transferred from RCI not RFS and they couldn't find any connected - I looked online and found numerous evidence of RCI owning RFS which I sent over. Despite daily chasing I finally received a response a month later, where they told me they can't remove the charging order as they hadn't placed it.
    RFS no longer trade and neither do the solicitors that worked on behalf of RFS.
    I have managed to get hold of a solicitor that used to work there and she advised that Cap quest are incorrect - they can remove the debt and she kindly provided all the forms etc they needed to fill in. I sent these to cap quest over a month ago and I am still waiting. Meanwhile my mortgage offer is running out, my ex husband is living in a house with no furniture and I am racking up debt as we both need the settlement money from the remortgage.
    Other avenues I have tried:
    *- I've raised a complaint with Cap quest and with the financial ombudsman. No response as yet.
    *- citizens advice bureau suggested I contact the court directly. They have said as the court case is so old they no longer have the records! but sent me some forms I could fill in along with a request for payment of £200 for the case to be reviewed!?
    - Contacted the land registry directly who suggested I seek legal advice
    - I've contacted a solicitor for a quote who said initial fee is £200 and can't confirm how much it will be as it all depends on how the case goes. They also need info from cap quest which I have requested and heard nothing so I'm not holding out much hope!

    I can't afford the legal/court*fees above and to be honest I am loathed to as I have settled the debt!

    Can anybody help?! Is there anything else I can try? If this remortgage offer runs out I seriously do not know what*I will*do.

    *
    Tags: None

  • #2
    Hi NEEDHELP.* I had a similar issue a couple of years ago when a builder had tried to sue my late mother and obtained a charging order against me as I was an executor of her estate.* The order was dated 2008 but I only found out by complete fluke in 2018, by which time the builder was dead and the solicitor totally refused to deal with the matter, even though they had acted on his behalf to obtain the order.

    I contacted the Land Registry and they advised me to download and complete form OC2 and send it off with supporting documents, which for me was a copy of the set-aside judgement, and they duly removed the charging order... it took a couple of weeks.**

    Do you have statements detailing that you've paid the balance?* If you do, then you should do the same and attach the statement as proof that there is no debt.

    Im not a legal adviser, just sharing my experience. I hope this helps.***

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    • #3
      Thanks Addled I've just downloaded the form. I don't have anything confirming the balance is cleared though*other than an email from Cap quest - I have requested several times that they send me something more official to no avail. I'll try my luck though!

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      • #4
        Isn't OC2 the form for obtaining copies of documents.
        To cancel a notice I think the form is CN1

        Land Registry is a minefield.
        *

        Comment


        • #5
          Originally posted by des8 View Post
          Isn't OC2 the form for obtaining copies of documents.
          To cancel a notice I think the form is CN1

          Land Registry is a minefield.
          Hi Des, yes you're right.* Apologies NEEDHELP.* I would give them a call and ask if they'll accept the written correspondence from the lender that the debt is paid.* Worst that happens is that Capquest challenge the removal of the order, but then they'll have to priovide evidence that you havent settled the debt.* There was no charge to send the form off so you've nothing to lose. Good luck!**

          Comment

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