Charging order - debt sold on what to do?

[BettyBettyG]

HI, I've written about this on another thread but the situation has changed. I had an old Lloyds TSB overdraft that they turned into a loan (in the name of Black Horse) which then got a CCJ and a charging order in 2009. In 2010 I started an IVA and a mistake was made by entering that I had an unsecured loan with Lloyds TSB AND a charging order with BLack Horse (both for same amount so obviously same debt). Fast forward to now and I'm selling my house and my solicitor needs to know the charges and who to pay them to. Lloyds say they've sold the debt, I contact that company who first of all know nothing about it (TDX group/Grove) then pull up the file and say yes, it's this account. I contacted Black Horse as well who said nothing on the file about the debt being sold... In emails with TDX group they are saying that if I pay them (the new creditor) then they will inform Black Horse it's been paid in full and then BH will lift the charge. Surely this can't be right? a) from a data protection point of view, and b) if BH are no longer the owner of the debt I am no longer in debt to them they should remove the charge surely? Can anyone advise? I want to be able to sell my house and we are nearing exchange but obviously need to have who to pay the charge to (if it is to remain). Sorry for the long winded post!

[BettyBettyG]

PS. In conversation with the legal team at Black horse a woman said (perhaps inadvertendtly) that TDX/Grove *should* have informed the land registry that they were the debt owner and had the charge updated..... and she said historically a lot of creditors didnt' do this... so.. am I within rights to ask BH to now take the charge off the property and deal with the new creditor however I see fit....

[atticus]

Are you the sole owner?

If you are not, what is the wording of the restriction shown on the Land Registry title document?

[BettyBettyG]

Yes I’m the sole owner. Wording is an interim charging order in favour of Black Horse Ltd

[BettyBettyG]

"equitable charge created by an interim charging order in favour of Black Horse Ltd"

[atticus]

Thanks. That information does not help. You will need to redouble the detective work.

You might throw the cat amongst the pigeons by applying to the court to discharge the charging order.

Maybe your solicitor can advise, but as this goes beyond regular conveyancing, I would expect there to be a further fee.

[BettyBettyG]

I have thought about doing that. And writing to Black Horse to ask them to remove it as they no longer have a legitimate financial interest in my property. There's nothing else on the LR title, just that. I will seek further advice, but thank you.