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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My house was repossessed 3 years ago. There were 7 charges

Customer Question

My house was repossessed 3 years ago. There were 7 charges on the property. The first 4 got paid and passed on without a problem but the 5th, Northern Rock, says they have no record of the charge. They were sent the balance of account but returned the cheque. They were asked to send confirmation that they relinquish the charge but did not reply. After 2 years the solicitor put the balance in the local county court. I asked the court to release the money. 6 weeks later the judge's reply was one line 'She must seek legal advice'. I cannot afford a solicitor. The fund is currently at around £23000, the Northern Rock Account was around £10000 and the remaining charges are around £2000. I would like the judge to hold the Northern Rock balance and pass the remainder on to the next charges then release the balance to me, then give NR a time limit in which to reply either to claim or release their charge. It seems unfair that the whole process is on hold for years when I am a single mother struggling financially. I think the judge just wants to be petitioned with legal options? Legal precedents? In order to know what he can legally do.
Even if all charges were paid I would still be due a very decent sum of money from the remainder.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

Won't Northern Rock consent to the charge being remove please?

Alex Watts :

Or have they just refused to respond?

JACUSTOMER-33fvv5q8- : The solicitors who handled the charge before them wrote 3 letters to them starting nearly 2 years ago, asking them to claim their charge. They did not reply. The solicitous then sent them the £23000 cheque which they returned saying they could not find the account. The solicitors then wrote to NR asking them to confirm that they were relinquishing their claim on the charge. They did not reply. The solicitors then lodged the money with the county court.
Alex Watts : Have you submitted in a formal complaint?
JACUSTOMER-33fvv5q8- : Who would I submit a formal complaint to? Northern Rock?
JACUSTOMER-33fvv5q8- : I've had no direct contact with Northern Rock, or the solicitors who were trying to contact them. The solicitors were acting on behalf of the previous creditor rather than being instructed by me. . I just presumed, if the solicitors had no luck with Northern Rock for years then a letter from me wouldn't help.
JACUSTOMER-33fvv5q8- : So, if I make a formal complaint to Northern Rock and they continue to not respond, how do I continue at court?
JACUSTOMER-33fvv5q8- : Obviously, if they respond either claiming their money or relinquishing their charge we can move on, but I suspect they won't.
Alex Watts :

Sadly if there is a charge then Northern Rock must either accept the money or release the charge.

Alex Watts :

What you need to do is apply to the Court to add NR to proceedings and then NR will take action

Alex Watts :

That way NR can determine their position.

Alex Watts :

Sadly the Judge can't just say well you can have the balance less NR - the Court is not a bank

Alex Watts :

You need to apply to the court to bring in proceedings to confirm their position

Alex Watts :

The other choice, which is free but take longer is to go via the Ombudsman

Alex Watts :

They offer a free service and can probably make NR come to a decision without any cost to you

Alex Watts :

Their website is: www.financial-ombudsman.org.uk

Alex Watts :

But those are the two options available, add them into proceedings to make them take note or the Ombudsman

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-33fvv5q8- : No. That is very helpful. Thank you.
Alex Watts :

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/

Alex Watts :

Please remember to leave feedback before you go today

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