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!

You need the Defendant himself or the Claimant to write to the LR with a copy of the order dismissing the ICO I'm afraid.

If your partner could get a copy of the Order she could try writing to the LR herself but they may knock you back.

You need the Defendant himself or the Claimant to write to the LR with a copy of the order dismissing the ICO I'm afraid.

 

If your partner could get a copy of the Order she could try writing to the LR herself but they may knock you back.

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?

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?

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. ??

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. ??

Send a letter to formally request it.

You may also be charged £5.00 for a copy but it's worth a go.

Send a letter to formally request it.

 

You may also be charged £5.00 for a copy but it's worth a go.

Have posted a letter to request a copy of the Dismissal Order... will let you know what they say!

To remove the restriction you use form RX3 with supporting evidence.

link to the form

http://www.landreg.gov.uk/assets/library/documents/RX3.pdf

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.

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.