Cant locate creditor on land registry charge

[SC55]

Firstly, hi all, what a great forum, lots of great advice on here.

I have two charges on my property, one from a tradesman (in his name, not the company) and the other following a car accident, again an individual not a company.

The first charge creditor passed away about 8 years ago and we have had no contact from their estate to ask for payment, or if they even know about the charge. Do I still need to honour this? Is there a time frame following which a person passes away the debt can be removed?

For the second charge I have tried to contact the person from the details on land registry, but cant locate him. What options do I have?

Thanks, and extremely grateful for any advice.

[charitynjw]

Re: Cant locate creditor on land registry charge

Hi SC55 & welcome to LB

Were either/both charges resulting from a CCJ/CCJs

[SC55]

Re: Cant locate creditor on land registry charge

No, as far as I am aware they were a 'caution in favour'?

[charitynjw]

Re: Cant locate creditor on land registry charge

No, as far as I am aware they were a 'caution in favour'?

AfaIk, a 'caution in favour' on the Land Registry record is a declaration of interest by that party in the property.

The property cannot be sold without notifying that party.

(I believe they are called 'restrictions' nowadays.)

[charitynjw]

Re: Cant locate creditor on land registry charge

Firstly, hi all, what a great forum, lots of great advice on here.

I have two charges on my property, one from a tradesman (in his name, not the company) and the other following a car accident, again an individual not a company.

The first charge creditor passed away about 8 years ago and we have had no contact from their estate to ask for payment, or if they even know about the charge. Do I still need to honour this? Is there a time frame following which a person passes away the debt can be removed?

For the second charge I have tried to contact the person from the details on land registry, but cant locate him. What options do I have?

Thanks, and extremely grateful for any advice.

http://www.legislation.gov.uk/ukpga/...rt/2/chapter/2

[SC55]

Re: Cant locate creditor on land registry charge

Thank you for your reply and the link. I cant see any provision in there that covers a situation where we cant locate the creditor, but a great link. Thanks so much for the quick reply.

[nemesis45]

Re: Cant locate creditor on land registry charge

Section 18 (4) in Charity's link may assist.
nem

[Openlaw15]

Re: Cant locate creditor on land registry charge

Firstly, hi all, what a great forum, lots of great advice on here.

I have two charges on my property, one from a tradesman (in his name, not the company) and the other following a car accident, again an individual not a company.

The first charge creditor passed away about 8 years ago and we have had no contact from their estate to ask for payment, or if they even know about the charge. Do I still need to honour this? Is there a time frame following which a person passes away the debt can be removed?

For the second charge I have tried to contact the person from the details on land registry, but cant locate him. What options do I have?

Thanks, and extremely grateful for any advice.

Call this number for land charge enquiries: 0300 006 6616. if the person has died the interest is likely to pass to his heirs, successors, ie his family if there is a Will. Any person can make a claim against land for 12 years too. Call the number anyway to speak to the relevant person in land registry service.