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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14442
Experience:  Solicitor
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Assistant: How can I help? I have an interim charge

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Hi
Assistant: Hello. How can I help?
Customer: I have an interim charge registered against my property in favour of Northern Rock PLC back in 2009. I never had a mortgage with NR a personal loan.
Assistant: Where are you? It matters because laws vary by location.
Customer: I rang NR and they confirmed that they do no longer have any documentation supporting their court action and subsequent Charging Order I am in England. Property is in England. Interim Order was issued by Bradford County Court
Assistant: What steps have you taken so far?
Customer: I called NR as the Charge is registered in their favour. They do not have me on their system as owing them and they were not able to provide any documentation in support of it. They said they had sold the loan portfolio on to Cabot Financial an asked me to contact Cabot. I contacted Cabot who again was not able to give me any documentation but asked me to speak to Mortimer Clarke Solicitors - who act for Marlin Europe - current owners of the alleged loan.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I just got off the phone from Mortimer Clarke. They again, said that they were unable to obtain the original documentation though they have details relating to the Court Order as stated on the Registry Title.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What is it you want to know about this today please?

Customer: replied 11 months ago.
I wish to have the Charge removed from my property. I have contacted Bradford County Court in this regard and they have advised that I get some legal advice before the action and eventually I should put an application in against NR and join the Registrar, HM Land Registry in the action. The current 'owners' of the unsubstantiated loan is not the beneficiary of the Charging Order and neither them nor NR can substantiate their claim against me. The Court also does not have either electronic or paper record of the original claim due to passage of time - since 2009.
Can you take this matter up for me????

Did you apply to set aside? No, we can't take it up as we are online only.

Customer: replied 11 months ago.
I did. Court advised that I first seek legal advice and then re-submit application making sure to join the Land Registry in the action.
Customer: replied 11 months ago.
Given that the current alleged owners of the unsubstantiated loan is not the beneficiary of the interim charge, what can I do??

You make the a application

The defendant is person who the charge is for. The land registery is added to join as they hold the charge

You need complete form n244

https://www.gov.uk/government/publications/form-n244-application-notice

This is where you at e making an application within existing proceedings.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 11 months ago.
Thanks Jamie. I will rate the response as you said. On balance, do you think I am right in pursuing this matter?

Yes I think so. But clearly that is only hearing your side of it.

Does that clarify?

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