Charging Order not settled from sale

[j_t]

Hi, first post etc to apoligies if this is in the wrong forum etc.

Here is the deal, I had a loan with Citi Financial which i didnt take out payment protection, I got made redundant, fell behind, CCJ which i could not pay which eventualy turned into a charging order against my house (joint owned), End of 2007 split with partner and the house was sold, I was not involved in the sale appart from signing forms where needed. It was all done by post by the estate agents internal solicitors. No profit was made from the sale by the time both mortgatges, the charging order and costs were deducted.

I checked my credit file this week and noticed that the judgment was still shown as unsatisfied, so I called the court to query and they confirmed that this was correct, I have contacted the debt co (lowell portfolio) who have taken over this debt and they too say funds were never paid and that the property should never have been sold without them being paid and releasing liability.

So I now have the following concerns in my head.

The original debt letters were from a differning solicitors called "copes" , I dont have any details for them so cant check if they actualy had been paid.

I dont have any paperwork relating to the sale as I was not involved and it all went to my Ex new address, not spoken to them since end 2007 and now unaware of where they are. So I cant check what went on there

By the property being sold without this charging order being settled that I have some how unwittingly comitted a crime.

That the solicitors acting for Bairstow Eves made a cock up and didnt do their job properly, can I claim any of this back from them ?

Appreciate any assistance or advice/pointers etc.

Thanks

[Sapphire]

Re: Charging Order not settled from sale

Hi J.T. and welcome to Beagles.

I'm sorry you are having a bit of bother hun, but am sure that it can be sorted out with a little luck and a lot of knowledge that is available here.

As far as I know any charging orders on properties must always be settled along with the mortgage when a property is sold, this does seem to be somewhat unusual in the least.

I'm not really 'up' on this, but my gut feeling would be for you firstly to contact Bairstows and insist that they give you copies of all paperwork held by themselves for the sale of the property. That should then show you who the solicitor was and you can work from there.

Make sure that you do everything in writing though, just in case it did have to go further, you would then have a nice little paper trail for reference.

If you want a hand with the letter, start it here and someone will be along to help you with it.

[righty]

Re: Charging Order not settled from sale

The solicitors who were involved have well & truly cocked up as they will have given a undertaking that the property was free of all liens on transfer.

My advice is to contact them rather than the OC & tell them of their major blunder & let THEM sort it. After all why should YOU sort a problem of their own making

If you then find your being chased for payment refer them to the solicitors. Incidentally the buyers lawyers also has questions to answer unless they accepted the sellers solicitors undertaking

So in answer to your question no you haven't committed any offence but the lawyers may have certainly in the eyes of the regulatory authority

Also I wonder what the Land Registry were doing whilst all this was going on, Was the charge registered & if so & assuming there's been no skulduggery, they also have questions to answer

[StoneLaughter]

Re: Charging Order not settled from sale

What I would like to know is....

The OP says that there was no money left over after paying fees and the charge. So the money went SOMEWHERE. Where did it go and who has it right now?

[righty]

Re: Charging Order not settled from sale

In other words the charge WAS deducted but not paid:tinysmile_aha_t: Sounds dodger & dodger

[LuggerBugs]

Re: Charging Order not settled from sale

Where does this leave the purchaser of the property though. They have bought a house that apparently still has a charge on it. A fact that seems to have bypassed THEIR solicitors.

[Emerald]

Re: Charging Order not settled from sale

Check the land registry on line, then get a completion statement from the solicitor handling the case...see where the money went. It may have gone straight to Citi.

It is not unusual for debt collectors and Citi to get things wrong!

The CCJ will remain on your credit file as unsatisfied until you provide the court with the paperwork from the lender saying it is paid, it will then be updated at the registry trust and your CRA file will be updated. The cost is around £15 to the court.

[righty]

Re: Charging Order not settled from sale

I think the whole point of this is that the conveyancer should have satisfied the charge at the same time as completing the transfer.

I imagine the new owners are going to be really peed off when they find out

[Emerald]

Re: Charging Order not settled from sale

I think the whole point of this is that the conveyancer should have satisfied the charge at the same time as completing the transfer.

I imagine the new owners are going to be really peed off when they find out

At the moment all we know is that Lowell's say they haven't received the money. The charge may well be satisfied and gone through the main Citi Group offices.

[righty]

Re: Charging Order not settled from sale

I do hope so Emerald otherwise the proverbial is going to hit the fan at some point

[Emerald]

Re: Charging Order not settled from sale

I do hope so Emerald otherwise the proverbial is going to hit the fan at some point

So do I righty, when we know the full facts we can advise the OP more.