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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a charge on my property which is five years old

Resolved Question:

Hi. I have a charge on my property which is five years old for a nine year old credit card debt. It was done by Morgan solicitors on behalf of Cabot financial. I now know Morgans were unregistered as solicitors and in fact part of Cabot and they are no longer in existence. I have spoken to Cabot with a view to making a reduced payment in full and final settlement and they cannot trace the debt in their live files and have no knowledge of the charge. Can I apply to have it removed under these circumstances ?? Thanks. Ray.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Would Cabot consent to the charge being removed?Alex
Customer: replied 1 year ago.
I have no idea if they would or not as they are telling me they did not know it existed.
Expert:  Ash replied 1 year ago.
Ok. You can only get it removed with their consent. This is because there will need to be a Court order discharging the charge or a letter from Cabot saying they agree. If not then you cant get it removed.They are the beneficial owner and must consent.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The charge papers state it was between myself and Morgans solicitors, and they no longer exist and as Cabot have no knowledge of the charge would it be worthwhile making a reduced offer in full and final settlement as it is now a five year old charge ???
Expert:  Ash replied 1 year ago.
Yes I would certainly do that but mark it without prejudiceDoes that help?Alex
Customer: replied 1 year ago.
I know they would have only paid a fraction of the original £5700 2009 debt, so I think I will try an offer of the £1000 I can raise or the charge might as well stay as they are never going to apply for the interim to become final because they can't find it in their system. I also think there is a time limit on debts although I might be wrong , however, I will try an offer without prejudice as per your advice. Thanks.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex
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