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smiffeee

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  1. Update: We got a copy of the dismissal order from the court, and my partner's ex-husband (the defendant) wrote to LR on form RX3 as advised here and elsewhere. LR have now cancelled the restriction... hooray! Thanks for your input everyone.
  2. Court agreed to provide copy of dismissal order, so we sent the £5 fee.... they cashed cheque straight away but haven't sent the order and it's been more than 3 weeks now... another letter on its way to them (couldn't get through on phone)... will update when I hear further.
  3. Have posted a letter to request a copy of the Dismissal Order... will let you know what they say!
  4. I have today been led to believe that court judgements are part of the public record, and that I should be able to get a copy of the dismissal order just by contacting the court and quoting the case number... can anyone confirm if that is correct? When I visited the county court yesterday morning they would not allow me a copy of the dismissal order, just saying that they could not even discuss it with me as I was not a party. ??
  5. Thanks Ganymede... I was afraid that would be the case. I have seen others asking the same/similar question on other threads, so it's not uncommon in jointly held properties. Can solicitors get hold of copies of judgments if we can't get the Defendant to co-operate? Or is it only claimant and defendant that the court will communicate with?
  6. Hi... we have an 'Interim Charging Order' [sept '08] on the property, which was registered as a 'Restriction' [Oct '08] as the property is owned jointly by my partner and her ex-husband, but the debt was only in his name. It was never made final as the creditor cancelled the court case the day before the hearing [due Nov '08], because my partner had objected and her ex-husband entered a payment arrangement with the creditor. The Interim Charging Order, however, had already been actioned. How can we get the Restriction removed? We realise it won't, technically, prevent a sale but any purchaser would probably want the restriction removed before completion. It seems strange that an Interim Order remains in force even though never made final by the courts. Land Registry say the creditor has to remove it. The creditor won't speak to us because we are not the debtor. We have been to the local County Court who also won't discuss with us as we're not a party to the case. We did, however, learn that the Interim Order was discharged by the court in Nov 2008 and the discharge order was sent to the creditor, who haven't complied and notified Land Registry! [surprise, surprise]. We are obviously trying to get the ex-husband to assist and for him to obtain a copy of the discharge order from the court, but this is not easy! (he never received a copy from the court in 2008 and was unaware the order had been discharged). Is it possible to get a copy of a judgement where you are not a party to it? Can we, as an interested but third party, get the creditor to comply with the discharge order when we don't even have a copy of the order? Any help very, very much appreciated!
  7. Thanks for the input everyone. An update on my understanding though, which supports dd's post on the other thread a little, as I didn't realise that even though it is possible to complete a sale, the Restriction still remains on the title at Land Registry. (I thought this thread was implying that the CO/Restriction disappeared when the restriction conditions were complied with and the new owners were registered). Having now spoken to a conveyancer who seems knowledgeable about these things, they agree it would hinder a sale as most purchasers would want the restriction removed before completion. I guess it's best to start my own thread, perhaps on Legal subforum, about getting the Interim Charging Order removed re my earlier post quoted below?
  8. Interesting.... am quite confused as this completely contradicts the information in current thread titled 'To those that have or are getting Charging Orders this should allay a lot of fears' thread number 296006. Have a look at the document quoted by minmoo which states about the normal restriction wording (not a charge, just a restriction in case of jointly owned property) "This restriction was, and remains, practically useless" (Can't post the link as my post count is below 20, but add www in front of the above and it should work!) Also see the other comments which state the restriction does not affect a sale, it just means that the solicitor/conveyancer must notify the creditor that a sale has taken place.
  9. Hmmm... there is another current thread titled 'Charging Order' where the advice completely contradicts that given on this thread by Cadbury and Debt4get (see the following sample quote). Soooo... I'm quite confused now. I have read the restriction wording and it would appear to me, as a layman, that THIS thread is correct i.e. we just need to advise the creditor that a sale has taken place. I will post a link (well, a reference to it as it seems I can't post links till my post count is above 20) on the other thread to the article posted here by minmoo which does say clearly "This restriction was, and remains, practically useless"
  10. Hi... we have an Interim Charging Order on the property, which reading this and other threads is only a restriction as the property is owned jointly by my partner and her ex-husband, but the debt was only in his name. It was never made final as the creditor cancelled the court case the day before the hearing, probably because my partner had objected. How can we get the Interim Order removed? Land Registry say the creditor has to remove it. The creditor won't speak to us because we are not the debtor. I get from what Cadbury says that it doesn't stop us selling... would it affect us trying to re-mortgage, for example? We'd just like to get the Interim removed anyway... it's been on there since 2009 ! Any help very much appreciated.
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