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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Recently I tried to remortgage and I found that restrictions

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Recently I tried to remortgage and I found that restrictions had been placed on the land registry without my knowledge
In 2008 I had disputes with two credit card companies.
According to the Land Registry there is one charge and one interim charge on my property.
The cards were in my name and the house is in joint names.
What can I do to remove these restrictions?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Does it have a court reference on these restrictions?
Customer: replied 1 year ago.
I have two court references on this but not with me at present.
The second was with Sky card and then Barclaycard and since sold to Moorcroft.
Expert:  Ash replied 1 year ago.
Ok. Then it appears you have County Court Judgments against you. That means that a claim form was served, Judgment entered, they applied for a charging order, there would have been a letter from the land registry and Court and then the order was made final.
You need to ask the Court about these or do a search:
http://www.trustonline.org.uk/
This will show you ones within the last 6 years. But to set aside you will need to show you have a defence and:
1) You didnt get the claim form
2) You didnt get the Judgment in default
3) You didnt get the application for an interim charging order
4) You didnt get notified by the Land Registry
5) You didnt get the final charge by the Court
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hello Alex
None of the things you have mentioned was I sent.
I contacted Lloyds one of the credit cards and they sent me letters of the date and the court order but I did not receive anything at all.
The other one which is Barclaycard is the interim court order which was from 2008. Surely for them to make a charge they have to go to court again. If I sell the house am I legally bound to pay both of these off?
regards
Eddie
Expert:  Ash replied 1 year ago.
Yes. Your Solicitor will do this automatically.
You would need to apply to set them aside to clear them off without paying.
Does that help?
Alex
Customer: replied 1 year ago.
Hello Alex
How can they obtain a court order without informing me ?
Surely an interim charge cannot be upheld without telling the person involved.
As you can imagine I am more than displeased to find this out after nearly eight years.
What is the difference between a charging order and an interim charging order?It seems like a huge length of time
for them to wait before getting a full charge. And if I have to pay both why would they ever go to court to get a full charge?
There has to be a difference surely!
I feel they have acted in a very devious and underhand way!
regards
Eddie
What would you advise I do? I would like to remortgage my property.
Expert:  Ash replied 1 year ago.
See the process above. There would have been a number of documents from the Court AND the Land Registry.
That is why you need to apply to set aside. If it went to Court and you paid the charge when you set aside you can show proof of this.
But the Court (not the creditor) would have sent you a lot of these documents.
Does that clarify?
Alex
Customer: replied 1 year ago.
Cheers Alex
You have been most helpful.
But how can I prove that they did not send (or rather I receive the items) if they have hard copy saying they were sent?
I don't understand this sentence
"If it went to Court and you paid the charge when you set aside you can show proof of this."
I have never been to court regarding this.
I never knew it had happened.
regards
Eddie
Expert:  Ash replied 1 year ago.
What I mean is if you paid the debt off and they still charged your property when you apply to set aside, there will be a Court hearing and you can show the Judge payment.
You dont need to prove it wasnt received, the court will have a stamp showing when the documents were sent. If there is no Court stamp then they have not been sent.
But either way you need to apply to set aside.
Does that help?
Alex
Customer: replied 1 year ago.
Alex
Just a couple more things
1) What is the difference between a charge and an interim charge?
As I understand it they have to have a full charge for me to pay the debt(disputed) . For this they have to take me to court.
2) Why were they allowed to put a charge on a jointly owned property?
Isn't this illegal?
Eddie
Expert:  Ash replied 1 year ago.
1) Interim charge is the temporary one before it is made final by the court. Usually just the interim ones are registered as if it was not made final they are under a duty to remove it.
2) it makes no difference whether it's jointly owned or not, they have a right to charge your interest on the back of a ccj.
Alex
Customer: replied 1 year ago.
Interim charge is the temporary one before it is made final by the court. Usually just the interim ones are registered as if it was not made final they are under a duty to remove it.
I don't understand the above statement. Eight years ago an interim charge was placed on my property without my knowledge.Surely I am under no obligation to these people if the charge has not been made permanent otherwise what is the point of going to court to get a full charge?
Again I have been served nothing by court or creditor.
Also why didn't I receive anything from the Land Registry or Court?
My final questions to you before I check with the court,
Isn't there a limit on the length of time an interim charge is held?
Surely the court should remove it due to the length of time it has been interim.
Eddie
Expert:  Ash replied 1 year ago.
Ok - if there is an interim charge it only remains once it is made final by the Court.
There is NO time limit on the charge. The fact it is interim means there has been a final charge given but its just not been updated - this is quite normal. If the final charge had been refused then the interim charge would be removed.
There is NO length of time on an interim charge being in the Land Registry.
Alex
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