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Apologies for the delay in replying to your email but I have been trying to find the answers to your questions.
The Land Registry has no record of the Charge (I have ascertained this today).
To me it seems that the 'seller' has in granting a charge on these rights effected a 'Disposal' and in the terms of the pre-emption agreement a 'Pre-emption Event ' has therefore occured before he negotiated terms with me as the rightful 'buyer'.
The Official Receiver has been notified of my 'concerns' and as the grant of a charge was a personal agreement between the granter and the grantee do I have a case for challenging the grant as I was not given the Offer of Notice as demanded and having the Rights siezed by the Official Receiver for dispersal?
The Pre-emption clearly states that: 'The Seller shall not make a disaposal during the Pre-emption period unless the procedure in clause 4 has been carried out.'
ie '4.1 the Seller shall give the Offer of Notice in duplicate to the Buyer immediately after a Pre-emption Event occurs'
This was not done, I was not informed of the charge until recently and I believe it was made several years (at least 2) ago.
I await your reply.