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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31740
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am about to sell my property and three interim charging

Customer Question

I am about to sell my property and three interim charging orders from 2008/9 came up on the title absolute. I had know idea or cant recollect these being added. No final charges have been added. how do i get these removed?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: non as i've only just received the information.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, nothing more to add
Submitted: 17 days ago.
Category: Law
Expert:  Joshua replied 17 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 17 days ago.

  1. I'm very sorry to read of the above. May I confirm if you have obtained a copy of the charging orders to date please?
  2. if so, have you gone to obtain a copy of the original claim forms from the courts assuming these are still available?

Customer: replied 17 days ago.
This is the most up-to-date copy of the title register. No, I have not obtained any court forms as I have only just received this information.
Expert:  Joshua replied 17 days ago.

thank you. Removing a charging order whether it be interim or final it is not straightforward which is by design. An interim or final charging order can be protected by notice or restriction. where the original claim was issued in the County Court money claims system there is no requirement for an interim charging order to be made final if no objections are received to the interim charging order by the judgement debtor within 28 days of the interim order being made. instead, in the circumstances it is incumbent upon the judgement debtor to file an application to object to the interim charging order within 28 days of service.

Expert:  Joshua replied 17 days ago.

To remove the charging order entry on the title, the land registry will require a court order discharging the charging order, evidence of payment of the money secured under the charging order, a discharge signed by the judgement creditor with the benefit of the charging order along with the completed form RX3 or RX4.

Customer: replied 17 days ago.
Ok, Thank you for this comprehensive answer. I take it they don't expire? e.g. CCJ's expire after 6 years...
Expert:  Joshua replied 17 days ago.

accordingly, in the first instance you would need to apply to the land registry to obtain copies of the charging orders themselves which the land registry will have registered in order to ascertain the claim number and other particulars in relation to the charging orders.

In addition or as an alternative, if you know the identity of the judgement creditors which should be ascertainable from the register entries themselves, then you can consider contacting those creditors in order to attempt to negotiate settlement if you consider that the debt itself may have been legitimate. Otherwise, you would need to consider an application to set aside the judgements if they were default judgements entered against you which would at the same time cancel any charging orders that have been obtained under them.

Expert:  Joshua replied 17 days ago.

although the CCJ entries fall off your credit report after six years as you say, the judgements themselves and the charging orders do not expire

Customer: replied 17 days ago.
Thank you for your help.
Expert:  Joshua replied 17 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 16 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.