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Hi everyone!
I’ve had a good read through some relevant posts, but nothing I spotted quite covers the issue I have, almost does but not quite.
Currently looking at a remortgage and requested copies of the title deeds from land registry.
There is a listing under the ‘Proprietorship Register’ with the following wording:-
RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition
Title number xxxxxxxx was given to CL Finance Limited at Howard Cohen & Co, xxxxxxxxx being the person with the benefit of an interim charging order on the beneficial interest of xxxxxxxxxxxxx made by the Bradford County Court on xx xxxxxx 2008 Claim Number xxxxx
There is nothing listed in the ‘Charges Register’. Around that time I was on a debt management plan but lots of my paperwork got damaged so can’t reference back what this could relate to. All of my debts were very small (well under £1k).
Have contacted Citizens Advice who advised I speak to the Land Registry. They advised that a full order may have been applied for and may just not be showing on the title deeds as the creditor may have been satisfied the above restriction was ok and by not adding a full charging order to the deeds would have saved cash, but they couldn’t confirm if it was only an interim order applied, they may not have moved to a full charging order, but from what I’m reading, that is perhaps unlikely.
So, contacted Bradford County Court to see if I could obtain copies of the court paperwork and assertain if there was something more than the Interim Order, they say they no longer keep records from 2008, so would need to contact the complainant.
CL Finance no longer exist according to a google search, but the solicitors H Cohen appear to still be operating. I noted in another response that they won’t be the creditor as they are only acting as a solicitor.
The Land Registry suggested I apply to have this removed but need to solid evidence to build my case, such as the company is no longer in operation and every attempt has been made to resolve. I’m not sure what I have is enough of a case. Assuming they’d expect me to contact their solicitors etc.
In a good position financially now and the remortgage will help, but I don’t want to approach the solicitors without some understanding of the process. Happy to pay if there is something that got missed along the way, but of course feels it could be risky making contact with them.
The remortgage is with a different provider to what we have now, we’re doing it through a financial advisor and not sure if this will be raised and cause any issue?
We don’t have long as the mortgage deal finishes at the end of the month without any penalty, so hoping the new one will be in place, but just not sure how to deal with this issue? Am I worrying unduly? Is there a risk we might not get a new mortgage? Should I approach the solicitor to see if there is an outstanding debt and get this settled?
Hope that covers everything.
thanks!
I’ve had a good read through some relevant posts, but nothing I spotted quite covers the issue I have, almost does but not quite.
Currently looking at a remortgage and requested copies of the title deeds from land registry.
There is a listing under the ‘Proprietorship Register’ with the following wording:-
RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition
Title number xxxxxxxx was given to CL Finance Limited at Howard Cohen & Co, xxxxxxxxx being the person with the benefit of an interim charging order on the beneficial interest of xxxxxxxxxxxxx made by the Bradford County Court on xx xxxxxx 2008 Claim Number xxxxx
There is nothing listed in the ‘Charges Register’. Around that time I was on a debt management plan but lots of my paperwork got damaged so can’t reference back what this could relate to. All of my debts were very small (well under £1k).
Have contacted Citizens Advice who advised I speak to the Land Registry. They advised that a full order may have been applied for and may just not be showing on the title deeds as the creditor may have been satisfied the above restriction was ok and by not adding a full charging order to the deeds would have saved cash, but they couldn’t confirm if it was only an interim order applied, they may not have moved to a full charging order, but from what I’m reading, that is perhaps unlikely.
So, contacted Bradford County Court to see if I could obtain copies of the court paperwork and assertain if there was something more than the Interim Order, they say they no longer keep records from 2008, so would need to contact the complainant.
CL Finance no longer exist according to a google search, but the solicitors H Cohen appear to still be operating. I noted in another response that they won’t be the creditor as they are only acting as a solicitor.
The Land Registry suggested I apply to have this removed but need to solid evidence to build my case, such as the company is no longer in operation and every attempt has been made to resolve. I’m not sure what I have is enough of a case. Assuming they’d expect me to contact their solicitors etc.
In a good position financially now and the remortgage will help, but I don’t want to approach the solicitors without some understanding of the process. Happy to pay if there is something that got missed along the way, but of course feels it could be risky making contact with them.
The remortgage is with a different provider to what we have now, we’re doing it through a financial advisor and not sure if this will be raised and cause any issue?
We don’t have long as the mortgage deal finishes at the end of the month without any penalty, so hoping the new one will be in place, but just not sure how to deal with this issue? Am I worrying unduly? Is there a risk we might not get a new mortgage? Should I approach the solicitor to see if there is an outstanding debt and get this settled?
Hope that covers everything.
thanks!
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