charging order.

[Figaro123]

Sorry about this, but I cannot for the life of me see how I can start a new thread.

 

I have a charge on my property from a secured loan. The lender has been paid, but is not taking the charge off the property. Can I make an application to the court in connection with this.

 

Thanks

[Figaro123]

Sorry about this but I cant find a way of starting a new thread.

 

I have a charge on my home from a secured loan. the lender has been paid but is being difficult about removing the charge. Can I make an application to the court

[Ganymede]

Hi,

 

I think we need a bit more info. Have you now sold your house? In what way are they being difficult?

 

Thanks

[Figaro123]

Thanks for that. I am dealing with the infamous Blemain Finance. I had a secured loan from them in 2006, the last payment was made in December 2011.

 

I have written to them on 2 separate occasions asking for the charge to be removed. They are ignoring my requests. Land registry say they cannot do it without Blemains consent. This seems madness for all kinds of reasons. It occurs to me that there must be someway of obtaining a court order to have the charge removed

[Ganymede]

So you have completely paid the loan off in full and the balance is now £0.00?

[reallymadwoman]

My next move would be a letter sent 'recorded - signed for' headed 'formal complaint'. I would enclose copies of the previous correspondence and ask for a response within 28 days.

 

I don't know if you could get a court order to have the charge removed, but I'm sure that if they haven't replied after 8 weeks you could try the FOS for help.

[wonkeydonkey]

If you have discharged the debt in full, then the charging order must be removed,.ask the creditor for a Certificate of Satisfaction (they must provide it) you then send that to the land registry .

 

WD

[rebel11]

Thread has been moved to the correct forum.

[AndyOrch]

Thread already running.

 

Please keep to one thread Figaro.

 

Regards

 

Andy

[Figaro123]

If you have discharged the debt in full, then the charging order must be removed,.ask the creditor for a Certificate of Satisfaction (they must provide it) you then send that to the land registry .

 

WD

 

tried asking them they wont respond. I shall try FOS

[Figaro123]

The balance is 0

 

Thanks

[Ganymede]

Wonkey, I think this is a secured loan so there is no Charging Order.

 

Figaro, do you need the charge removed urgently to sell your house for example?

 

Also do you have written confirmation that the balance is £0.00?

[AndyOrch]

If the second secured loan is less than 25K then its covered by the CCA, as its not a a mortgage then its not deemed as the first charge and the lender is at more risk should it be defaulted on.Hence the Charging Order.

 

Regards

 

Andy

[lulilu]

I have a similar problem that no one seems able to help me with.

In early 2009 a charging order was obtained against me. Just after this I found out the debt was unenforceable because of the CCA 1974. Also the original creditors never sent me a default notice. I stopped re-payments and told the creditors why.

I heard nothing until February of 2011 when the creditors said they were to force a sale of the house.

I reminded them why I had stopped re-payments and invited them to start court action. I've written to them several times since then to remove the charging order. They refuse. The only thing they say now is that if I start court action they will defend the claim and make me pay their (substantial) costs.

So the thing is how do I get a charging order removed in these circumstances. Somebody must know the procedure.

[Ganymede]

Hi lulilu,

 

Have you got your own thread somewhere?

 

Yet you need to make an application to Court to set aside the CCJ and CO and then once set aside defend the claim (assuming you didn't defend originally?) using your arguments.

 

Simply stopping payment as asking for the CO to be removed isn't going to do anything and will potentially make it worse.

[lulilu]

Thanks for this.

 

No I do not have my own thread

 

Yes I did defend the claim but at the time knew nothing about the cca 1974 or default notices.

 

I do not know the procedure to set aside

 

I am aware that doing nothing and asking them to remove the co will do nothing at best and as you say probably potentially worse

 

The thing is I do not know the procedure to set aside or how to go about it. I've been told that going to court to tell a judge you didn't know the law at the time is not enough to set aside a ccj or a co.

 

What do you think