Charging order in name of old creditor - debt sold on ten years ago but not registered. Can I get removed?

[Tootles64]

Hi,

This relates to an old debt from 2009. Overdraft turned into loan by Lloyds Tsb Loan in name of Black Horse Ltd.

CCJ obtained and interim charging order in 2009 - Debt then sold to the Insolvency Exchange (TDX) Group or Grove.

 

Wanting to sell house but realised this may be an issue.

 

Can I a) approach Black Horse and ask to remove charge as they have no legitimate financial interest in my property?

b) ask court to remove (if so what evidence will they require?)

 

New creditor have had 12 years to register their interest but haven't. I'm guessing that Black Horse legally should remove it... Any thoughts?

 

*edit* Debt sold in 2012.....

[dx100uk]

are you the sole owner of the property?

 

dx

 

[Tootles64]

Yes I am...

[dx100uk]

Then you have no option but to pay it.

 

What (wording) / who is showing on your deeds .

[Tootles64]

Equitable charge  created by an interim charging order in favour of Black horse Ltd.... 

 

But they no longer hold the debt, so I can't pay them.

 

Another company owns the debt..so if I pay this other company what's the guarantee that Lloyds TSb/Black Horse will lift the order?

 

Aren't I better asking the court to remove it as Lloyds/Black Horse no longer have a financial interest in my property?

 

I have been in touch with the court and they said due to age of charge - there are no records 

"

Due to the age of the case, and there being no further action in it for 3 years after the date of the last paper, the stated claim reference number no longer provides a return on the court record.

 

For the same reason no paper file is held, the court under the General Data Protection Regulation (GDPR) being permitted to retain civil paper files for 3 years after the date of the last paper filed.

 

Regretfully therefore the court is unable to provide any copy or information relating to the case.

 

As stated below it would be the Claimant’s responsibility to contact the Land Registry to remove any charge."

 

So, it's either the LR or the claimant (who no longer has the charge because it's sold) the new owners of the debt cannot ask the court to lift the charge... ASFAIK

[Andyorch]

Quote

the new owners of the debt cannot ask the court to lift the charge... ASFAIK

Of course they can they are the legal owners of the judgment debt but only if you have reason and grounds to have it removed.

 

Andy

[Tootles64]

but they would have had to apply to the court to have the debt and charge registered to them... and they haven't...They can't just tell the court they are without going through the formal process - which they've had 10 years to do and haven't.

[Andyorch]

There is no requirement to involve the court when a debt /judgment has been legally assigned although they should update the LR but this invariably ever happens.

 

 

 

.

[Tootles64]

So, the debt has been legally assigned to a new company,  but the judgement (charging order) remains on the LR as Black Horse Ltd. To remove it, what steps must I take? I'm not saying I won't pay it by the way, but how does that happen if I pay the new company - do they have authority to inform the court and then would it be lifted?

 

 

[Andyorch]

Correct  but no need to contact the court its removed on LR no connection to a court

[Tootles64]

Thanks.. 

 

as I understand it, anyone wanting to remove the charge (be it the owner of the debt or a registered proprietor) must contact the LR, not the court? 

 

How does this work in practice, with people selling houses and needing to transfer title?

 

The LR are sooooooo slow it takes years to get anything done, how can my title be properly transferred?

[Andyorch]

You pay the debt your conveyancing solicitor contacts the LR and removes the registration.