LSC Registering a Statutory Charge after 16 Years for Legal Aid which didn’t preserve Property

[Bexter2012]

Hi - I'm a new user here, I don't really understand forums but am desperate for some help and had been looking at a similar thread re. the LSC registering a Statutory Charge after 14 years but that has not been commented on since 2010.

Unfortunately, I have a deadline coming up on 2 November so thought I best post a new thread due to the time constraints! I would really appreciate any guidance or advice as this is becoming very worrying and stressful now. This is going to be quite complicated to explain but here goes...

 

It's a very long story but my parent's had some issues when they got into difficulty with their mortgage payments and had to attend a number of court hearings, paid for by both themselves and Legal Aid. So they did receive Legal Aid back in 1991 - but did not recover or preserve money or property as a result of that Legal Aid (property already preserved prior to Legal Aid being issued – Legal Aid was subsequently issued to take counsel’s advice re. a counter claim, and never actually took place). My father has since passed away and my mother and I now own the property.

 

We (my mum and I) received letters (B136 Notice) from the Land Registry dated 8 August 2012 informing us that they had received an application from the Legal Services Commission (LSC) to "register a restriction in the Proprietorship Register" of our property as a Statutory Charge has arisen in it's favour under either under the Legal Aid Act 1988 or Access to Justice Act 1999.

The letter stated that the Land Registry relied on the LSC's statement and had no further details of how the charge arose in this case. We were instructed to either Object to the Application or Consent to it before 12noon on 30 August 2012.

 

We sent replies to Object to the application on the grounds that:-

1. The LSC are out of time under Section 20 of the Limitation Act 1980.

2. The LSC said that the property had now converted into Registered Land status from Unregistered land but this was not true and evidence was provided to prove this.

3. Statutory Charge does not apply as my parent's preserved the property at their own cost prior to Legal Aid.

 

There were then a few letters back and forth, with us providing more information and the Land Registry saying they would put our objections to the LSC (although they haven't been passing on much info in our direction). We were then asked if we were prepared to negotiate, to which we agreed. The correspondence has now culminated in a letter from the Land Registry dated 12 October noting that whilst we are prepared to negotiate, the LSC are not and we now have until 2 November to withdraw our objections or the case will now be referred to the adjudicator!

 

It feels as though our valid objections are being constantly overlooked (i.e. we have put points forward but time and time again they don't refer to these in their responses and in fact state things which we haven't said!). We are now really concerned as know that once the case is referred to the adjudicator events are completely out of our hands and we will start incurring costs (which we can ill afford – my mother is retired). We just have to trust they are not working hand in glove from the lack of information and clarification being provided when put forward queries.

 

Any help would be much appreciated. (Incidentally, I notice that some messages mention you will get more help by posting in a sub-forum but I am unsure how to do this / which would be best?)

Many Thanks.

[sir_gilmour]

Hello Bexter2012, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.

[Andyorch]

Hi Bexter

 

I have moved your thread to the relevant forum (Legal Issues) were you will get a more detailed response.

 

Regards

 

Andy

[Bexter2012]

Thank you v. much Andy - I have only popped online quickly and will check back later on. Thanks again.

[Bexter2012]

Thank you, Sir.

[flat_pro]

Hi

 

My mum is currently going through EXACTLY the same process with the LSC!!! Our case was referred to the adjudicator in December. The LSC had 28 days to submit there statement of case. They did not and requested an extension which they have also missed. They now have till the 12 feb to submit there case, otherwise it gets sent back to the land reg.

 

If you have already submitted your case let me know would could assist each other maytbe!!!

 

Were quite sure the limitations act should apply.

 

Thanks,

[flat_pro]

Oh, you may also like to look up LSC v Rasool (5th March 2008) where the LSC LOST on a matter related to the statue charge

 

hope that helps someone!

[42man]

flat_pro...a very useful reference thanks for that....