Hello all, anyone know about second charge and Deed of entitlement?

[Hightimes]

Default Interesting Case with IDEM Capital, advice required please

Hi All

Slightly complex situation but here it is, any advice appriciated.

Overview
We have a mortgage with NRAM and a secured loan with Picture>Webb>IDEM.

We cannot make payments and are in default. NRAM looking to put us on a voluntary repossession scheme which are happy with.

IDEM have had us is court. Today was the third hearing and they didn't show as they cannot find the correct Deed of Entitlement information, witness statement and paperwork.

They asked for Adjornment via letter (not sent to us only the court) but the Judge struck out the claim as they had said they would based on second hearing and paperwork etc beign wrong.

What kind of solicitor can best give advice on this? (I.e Conveyencing, housing etc?)

Given they cannot prove Deed of Entitlement can we challenge their charge at the land registry and have it removed?

Again, your advice is most appreciated!

[nemesis45]

Re: Hello all, anyone know about second charge and Deed of entitlement?

Hi Welcome to LB,
Unfortunately the debt still exists, it's just not enforceable at present.
Your first approach should be to contact Idem re the Charge and ask
if they will remove it given their recent failure in court.
My guess is with the possibility that the DoE, witness statement and
other documents could be found they could attempt to re issue a claim
it would depend on a judges opinion as to if a new claim was substantially
different from the first one..

Any good " general " law practice would/should be able to do this, and
I think you are wise to seek local qualified advice.

nem

[Hightimes]

Re: Hello all, anyone know about second charge and Deed of entitlement?

Thanks Nem

I've asked a local Solicitor to have a look. Seems a bit strange this one. Can't find any other examples posted up.

Thanks for taking the time to offer your reply, it has already helped move things along.

[nemesis45]

Re: Hello all, anyone know about second charge and Deed of entitlement?

Thanks Nem

I've asked a local Solicitor to have a look. Seems a bit strange this one. Can't find any other examples posted up.

Thanks for taking the time to offer your reply, it has already helped move things along.

Good morning Hightimes,

Happy to help!!
If there is anything more we can do please come back to this thread.

Good Luck!!

nem