Charge on Property and Solicitor is no longer Trading . Pls Help

[ramon202]

In the process of selling my property and just found out that there is a interm charge that was place on the property in 2008 by Christopher Pinnion & Co Solicitors on behalf of RBS ( who we have never deal with before). I have tried to contact them on 01702 338218 but to no avail . My solicitor is having no luck contacting them and we have no idea how this charge came about .

I have a reference number, I have the court Case Number, the only thing I do not have is the company that holds the charge over my property. How do I find this out. RBS have been no help as they do not recorgnise the references or my address. . This is causing a major issue as the buyer are chasing for completion but cannot happens until this charge is removed.


Please someone Help me. not sure what else to do.

[DE DOGS]

Not too sure if this will help, try the land registry, possibly they will hold more details of who placed the charge.

[ramon202]

Thanks for your response. The land Registry only has RBS as the claimant. can't seem to get hold of them or who to speak to.

[R0b]

I find it amazing that your solicitor doesn't know what to do, they are a subject matter expert in this area! Interim charging orders should have been temporary pending a final hearing on whether to grant a final charging order. Couple of thoughts (though I'm not a property expert):

- If you have never had any dealings with RBS before that led to this CO then they could have been negligent in doing so. May be able to sue them if the deal falls through but that's a longer term thing. This might be a reason why RBS don't recognise the address (or it could have been the land registry's error which again you could have a claim for compensation against them).

- As it is an interim order since 2008 that's strange because I believe a second hearing should have taken place not too long after the interim order. As I said it's a temporary order so shouldn't be on there as permanent.

- When your in a situation like this, go to court and get it removed - RBS should be party to any application since the CO is in their favour. How fast that can be done I do not know (you can request emergency hearings but not sure this is something that would be considered) but your solicitor should be advising you of the possible routes to address the problem. If they're telling you that they don't know what to do then it is worrying. Bear in mind this option tends to fall outside any agreed fixed sum you might have with your solicitor in dealing with the conveyance, so check your terms of agreement as they may need to speak to a property litigation lawyer.

[ramon202]

Hi Rob, Thank you so much for your input. Yes the interim order has been on the property since 2008 and the solicitor who worked on behalf of RBS has now gone insolvent. so not sure on the next move. Sent emails ro RBS as there is no contact number for RBS with regards to this type of issues

We have made contact with the land Registry to see if they could help ( still wating on their response). And Southend County court are not aswering their phone but we have sent a N244 form requesting them to remove the intrim Charge..

And also chasing my solicitor on the best method of dealing with this .