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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A Bank has a legal charge on our home which it took when it

Resolved Question:

A Bank has a legal charge on our home which it took when it was giving some lending to a limited company in 2008 to back up a PG i also gave at the time.
There is now a dispute about what sum is covered.
The Bank wont budge and wont voluntarily remove the charge.
What legal action can i bring against the Bank to seek to get the charge removed.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what steps you have taken thus far?

Customer:

Beyond letters of complaint, and trying to get them to remove the legal charge, nothing.

Alex Watts :

Ok, but are they entitled to a charge, notwithstanding the sum is disputed?

Customer:

They have the charge. I consider that whatever sum it originally covered has now been paid so i think they should remove said charge. They wont. Hence my question.

Customer:

The charge was for a 40k overdraft. The overdraft was then reduced to £20,000 on my insistence. The company then went bust. Ive paid them over £20k, but, they wont remove the legal charge....

Customer:

thats my predicament. Nat West are Nasty.

Alex Watts :

Oh what basis wont they remove it?

Customer:

They say its still to cover more money. So there is a quantum issue. Ive asked for mediation. Refused. They are sat smug thinking if we sell we will just have to pay what they say. I dont like that feeling of being bullied. I want to explore taking them on. Me suing them. In a Court. Claiming maybe an equitable Declaration or something like that. Im not sure what my legal options are hence me being on here asking ;)

Alex Watts :

Ok - have they formally investigated it?

Customer:

Yes, Shoosmiths act for them, and have threatened to sue, and repossess our home, etc, but i feel helpless and dont want to be the defendant, when i think they are in the wrong!

Customer:

I asked FOS who said it was a legal matter.....Zzzzzz

Customer:

Once the personal gtee is over 6 years old, am i right, they wont then be able to sue under the pg anyway, due to limitation issues, so maybe then would be a good time to ask them to remove the legal charge? thoughts?

Customer:

FYI The legal charge was to back up a PG you see.

Alex Watts :

No, they have 12 years under a PG, because its a deed.

Alex Watts :

So the Ombudsman wont do anything either?

Customer:

no sadly not

Alex Watts :

Ok, then sadly you need a Court order.

Alex Watts :

You need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Customer:

My question is simply this: i want to know what Court action i can initiate to break the impasse: what case to bring, what forms to fill in, what remedy to seek. Thats it .

Alex Watts :

You are asking the Court for a declaration that you are released from the guarantee

Customer:

i think we may have crossed there :)

Alex Watts :

we have!

Alex Watts :

The Court will then issue the claim

Alex Watts :

This is a Part 8 claim not the usual claim forms.

Alex Watts :

So you are seeking a declaration that you are entitled to be released and the charge remove

Alex Watts :

It works the same way, a copy sent to the other side, they can defend it, the matter is listed for trial etc

Alex Watts :

But because you dont want money, you just want a decision from the Court its a Part 8 claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what fee does such an application cost court fee wise?

Alex Watts :

£280

Customer:

thanks. do you have a link to the CPR that applies?

Alex Watts :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

Customer:

many thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

no thanks

Alex Watts :

Great. if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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