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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a charge for a debt against my property. It was not

Customer Question

I have a charge for a debt against my property. It was not taken against the correct address. The land registry have told me that I need to pay the debt and get a receipt from the solicitors concerned. The Land Registry told me to submit the UN4 form with a receipt from the solicitors that the debt has been paid. The Land Registry will then write to the solicitors and if they do not object to the charge being removed then the land registry will remove it. However, I have contacted the solicitors and they have told me that they want the debt paid plus an additional £374.00 to agree to having the charge removed. Is this legal if the debt has been paid? The solicitors say that unless they are paid an additional £374.00 above the charge they will not agree to the charge being removed.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this.

Alex Watts :

How did the Charge get registered, was it as a result of a CCJ please?

JACUSTOMER-eux6ak96- :

The charge was registered against a buy to let property that I do not live in and so I did not know about it until 2 weeks ago when I tried to remortgage it.

Alex Watts :

Yes, but how did it result?

JACUSTOMER-eux6ak96- :

It originated from an Egg credit card of my husband.

JACUSTOMER-eux6ak96- :

I meant for my husband

Alex Watts :

ok - was it as a result of a ccj?

JACUSTOMER-eux6ak96- :

I think so but we know nothing about it really as we moved and everything was sent to an old address.

Alex Watts :

Do you have a copy of the deeds so you can see how it was entered?

JACUSTOMER-eux6ak96- :

I know that I can set it aside and get it reheard because it was sent to the wrong address but I need it settled quickly and the courts will take months. So I have decided to pay it.

JACUSTOMER-eux6ak96- :

I have seen the land registry deed but I do not have it with me and it is recorded on the land registry.

Alex Watts :

Do you have a copy of the original CCJ/charge?

JACUSTOMER-eux6ak96- :

No I don't have anything because documentation was not sent to my correct address.

Alex Watts :

As the Solicitor for a copy of the final charging order.

Alex Watts :

This will tell you how much the debt was

Alex Watts :

You only have to pay what the Court ordered nothing more

JACUSTOMER-eux6ak96- :

My question is though can the solicitors add an extra £374 on this charge and refuse to allow the land registry to remove it even if the outstanding debt is paid.

Alex Watts :

If they refuse you can complain to the Managing Partner, the SRA (Regulator) and the Court

JACUSTOMER-eux6ak96- :

Are they bluffing when they say that they will withhold consent to the Land Registry to remove the charge if I do not pay an additional £374 above the amount of the charge?

JACUSTOMER-eux6ak96- :

The land registry intend to write to them and give them 15 days to respond to agree to have the charge removed. If the land registry hear nothing then they will remove it anyway. However if the solicitors say no to having it removed then the Land Registry has to wait for their consent.

Alex Watts :

Yes - I can't see how they can justify that.

Alex Watts :

If you pay the amount on the charge then there is nothing more you need to pay

Alex Watts :

They can't charge it more.

JACUSTOMER-eux6ak96- :

We are agreeing to pay the charge in full but NOT the extra £374. The land registry have told me how much the charge is for. The solicitors have actually said that this is an additional charge for agreeing to have the charge removed from the Land Registry.

Alex Watts :

They want to charge for agreeing - they can't do that

Alex Watts :

You are ONLY required to pay the charge itself

JACUSTOMER-eux6ak96- :

Thank you that is what I needed to know. I thought they were bluffing but I was not sure. Thanks for your help.

Alex Watts :

Can I help with anything else today?

JACUSTOMER-eux6ak96- :

No thank you.

Alex Watts :

If I could ask you to rate my answer before you go today - its the button at the bottom of the page. Thanks

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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