Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
I assume you consented please?
In that case then yes, this is legal.
There are a number of ways of getting a charge on a property.
This is one
Another is by registering a restriction on the property.
All this does is secure the debt as being secure, so makes sure the lender gets their money
But it is legal
Can I clarify anything for you about this today please?
Do you have any form of contract between you for the money?
Ok - but any contract as to the terms?
What was agreed?
So its related to the sale price.
Why did you sign it if you did not agree to it please?
Ok - when was this?
So you are saying the document you signed does not reflect what you think you signed? Did you retain a copy?
Ok - and is that different to the one you said you signed?
Yes I see. You now wish to contest it. Did anyone else witness the conversation?
So the Solicitor warned you and you still signed it?
The same Solicitor?
Why did you go back and see the same Solicitor afterwards?
Ok - when did you go and see the Solicitor?
Ok - and that would be 11 months ago?
May I ask why you have now waited so long before deciding to do anything?
Sadly if you want to dispute it you could try going to the Land Registry. But they are likely to say that you agreed to the charge.
This means your only option would be to go to Court.
If it went to Court you would need to show that the document was materially different to the one that you thought you were signing
Sadly you would probably not get legal aid because of the changes
This means you would either need a Solicitor or would have to do it yourself.
If you lose then you run the risk that if you lost you would have to pay their costs.
Generally it would be if you had agreed the terms
The fact the terms were different is something you could argue
But you would need to show the Judge that you did not read them or understand them
A Judge is then likely to ask, why did you sign it in that case or not get your own advice.
There are problems but it is something you could pursue, but likely through Court
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please>
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Please remember to leave feedback before you go today