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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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I have received a letter on a notice to a registered proprietor

Customer Question

I have received a letter on a notice to a registered proprietor of an application to a register a restricted against the land... which is my house. Im not sure what that really means. I would like to know what that means.. its says i must owe money and if i want to consent or object. i haven't received no letters or calls that i owe money. help please?
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
HI there. Are you able to scan and attach the notice so I can see what it is about?
Customer: replied 2 years ago.

Expert:  Matt Jones replied 2 years ago.
Thanks. This is the final stages of someone enforcing County Court Judgement against you. Basically it means that someone has sued you and got a judgement against you. They have then gone back to Court to get a Charging Order. This means that the debt becomes a fixed "charge" against your property and when you sell you will have to repay it. If you have not received any paperwork relating to this you need to find out more about what the case was and when they sued you. You will be able to get this from the Court at Kings Lyn, with the reference as stated in on the restriction (B4CY7N09) or try and contact the Restons Solicitors (as per the first page) who must represent the Claimants and ask them for further details. If you feel you have a Defence or there has been an error in serving you then you can ask the Court to set aside the judgement and allow you to defend this, but it is quite technical application to get right and so you may need a solicitor to do this., but you can do it yourself (i.e you have to show that you have a reasonable prospect of defending the claim and that there has been an error by the Claimants in notifying you of the claim, such as they served the wrong address). As to the land registry you can object to the entry of the restriction but they will probably still put this against your property until you have a Court order setting aside the judgement against you
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Expert:  Matt Jones replied 2 years ago.
I hope this helps.Please ask any follow up questions you wish.If you are happy then please leave positive feedback, the question wont close and then if you think of something later you can always come back and ask any further follow up questions.
Customer: replied 2 years ago.

thanks for the reply. i wanted to ask whatever i owe them will they only get paid if i sell my house?

Expert:  Matt Jones replied 2 years ago.
Generally yes, in theory they can apply for an order for sale of the property but this is not often done in practice and is quite complex especially if there are joint owners and/or if there is negative or little equity.
Customer: replied 2 years ago.
Thanks again for the reply! I also wanted to know! If I object what happens! And if I ignore what will happen? If I contacted the company could I come to a agreement?
Expert:  Matt Jones replied 2 years ago.
If you object then the land registry will look at the merits of the application. they will probably just register it and then remove it if you successfully apply to set the original judgement aside.
if you ignore then it will just be registered and eventually you will have to pay at some point.
it is always worth considering, if you have the financial means, negotiating a lower settlement as most companies will often consider a "bird in the hand" approach i.e. that a lower settlement now is better than waiting for a higher settlement at some point in the future.
I am not sure if you do, but if you have money problems the it may be worth considering contacting the debt charity "Step Change" (you can Google them). They are a non-profit charity organisation and they will conduct negotiations on you behalf with regard to settling debts.