Trying to find a conveyancing solicitor that will deal with restrictive k, with no luck so far. They don’t seem to be aware of the difference between them and charging orders. Any hints/advice on how to find a suitable conveyancing solicitor? Thank you. Maidstone

Trying to find a conveyancing solicitor that will deal with restrictive k, with no luck so far. They don’t seem to be aware of the difference between them and charging orders. Any hints/advice on how to find a suitable conveyancing solicitor? Thank you.

I’ll read it thoroughly tomorrow and get back to you, if that’s ok. There’s quite a lot to take in - but thank you so much for taking the time to look into this.

RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Nat West Bank at c/o (solicitor) being the person of benefit of an Interim charging order on the beneficial interest of (husband) made by the ? County Court on 16 June 2008. and RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Nat West Bank at c/o (solicitor), being the person with the benefit of an Interim charging order on the beneficial interest of (husband) made by ? County Court on 26 October 2010. You will see there are two charging orders- the second one is for a lesser amount of £6k approx.

Not sure how to do this. Is it ok if I get my daughter to go this for me tomorrow morning? Sorry.

Thank you - found the correct site and now have a copy of the deeds. It’s an Interim Charging Order in the name of my husband.

I’ll check with the land registry and let you know.

It was not a limited company. Originally my husband was the sole trader, but it changed to a partnership consisting of my husband and myself. I vaguely recall signing up to the joint business bank account - but it was a long time ago. Unfortunately I can’t find the court order. My husband did attend court. I cannot remember if we were both named as defendants, but all correspondence is addressed to my husband.

We were partners in the business. I have no recollection of signing a personal guarantee.

The charging order was in respect of our business bank account, and the account was in joint names. The mortgage is also in joint names.

Hi - I’d really appreciate some advice re a charging order on my home. In 2011 Nat West obtained a charging order. We have paid a nominal amount off the debt every month, without fail. Our mortgage comes to an end and we have to sell by August. There is equity for the charging order but it doesn’t leave a lot for us to buy something else. I wrote to the solicitor acting on behalf of the bank explaining this and asking if their client would accept an offer from the proceeds of the sale. They have written back asking for my offer. My question is - what percentage would be realistic? We owe £42K. I don’t understand why they would consider an offer as they will be able to get the whole amount when we sell. But it would help if we don’t have to pay the whole amount, especially considering a large portion consists of interest applied when the debt first accrued. What should I offer? Thank you in advance for any advice you can give.

He is part of a well established firm of solicitors. I think he is one of the senior partners. The firm of solicitors is mentioned on the website 'Solicitors from Hell'.

Hi - thank you so much for your advice. I have kept a file, and have spoken to the FOS on the telephone and have a letter from them. In their letter they state "the signature on the complaint form did not match with your signature that we already held on file" and they sent me a copy of the complaint form. The FOS also said that they had spoken to the solicitor concerned and was informed "that they would obtain a copy of your signature". Obviously, they have been unable to do this as I would not sign the form they kept sending me. They also stated in their letter that the complaint submitted by the solicitor was "in effect a duplicate and as we have not received an acceptable copy of your signature, as discussed, I have removed them as your representative". I looked at the solicitor's website today and it has changed. I do, however, have a copy of an email I sent to the solicitor with the quote from his website. I also have a 'No Win No Fee Agreement' which I presumably signed. Under the section 'Paying Us' it states "If you win your claim, you pay our basic charges, our disbursements and a success fee. You are entitled to seek recovery from your opponent of part or all of our basic charges, our disbursements, a success fee and insurance premium..." The case does get very confusing. On 06/04/09 I received an email from the solicitor attaching an letter from Egg agreeing a refund. In the email the solicitor told me I had two options: 1. Accept the PPI offer, in which case I could not have the loan declared unenforceable. 2. Reject the PPI offer, with a number of conditions relating to how I would have to pay the solicitor. I emailed back to the solicitor the same day, asking for advice as I was confused over the "no win no fee" promise. On 09/04/09 the solicitor replied to my email stating that when claims are over £5k he could recover his costs from me if the claim was successful, He also told me that Egg had already paid out the PPI without giving me the chance to either accept or reject the offer. In fact, Egg had refunded the money directly to my loan account on 12/03/09! I understand from the Legal Ombudsman website that I have to complain to the solicitor first. If so, how much information should I give away to the solicitor as he is not aware that I know my signature has been forged? With regard to complaining to SAR, what category would it fall under 'Fraud' or 'Suspected Dishonesty'? Any further advice you may have to offer would be appreciated.

Hi - thank you for responding so promptly. I discovered the mistake in January 2008, which was when I complained to the Ombudsman. In hindsight, I don't know why I approached a solicitor - it was probably because I thought they had the expertise to deal with my case. I received two letters from the solicitor - one dated 24th March 2009 and the other 14th April 2009. In the first letter, I quote "After reviewing the file and documentation and speaking to you we consider that due to the difficulty in proving your claim, considering that the broker has now filed a CVA meaning that in order to succeed in your claim we will need to establish an agency link between the broker and the lender and/or insurer. for commercial reasons we can no longer proceed with your claim under the Conditional Fee Agreement. As such, we propose to suspend the Conditional Fee Agreement after which we will continue to investigate the possibility of proceeding with your claim against either the lender and/or insurer for a fixed fee of £500 plus VAT." In the second letter, I quote "You may wish to consider the Ombudsman route set out below. You may following a denial of your claim continue a complaint to the Financial Ombudsman who may decide in your favour. You can do this yourself, it is a free service. If you require us to lodge a complaint we will do this on your behalf at a fixed fee of £200 plus VAT." The final decision letter from Future Mortgages was sent on 20th February 2009. All the paperwork was sent to the solicitor - including the original loan agreement and the decision of the Ombudsman - and I agree, it does not look as though the solicitor is going to return this. As far as I can recall, the reason I thought the PPI had been missold was due to being self employed - but I cannot be sure as it was some time ago now and I don't really remember. Do you think I should pursue the PPI and send SAR forms to the relevant people?

Hi, I'm new here and would be extremely grateful for any advice that can be given. On 08/01/08 I referred a case regarding a missold PPI by Peoples Loans / Future Mortgages to the FOS. The Ombudsman had the information for seven and a half months before acting in the September of 2008. In the meantime Peoples Loans applied for a CVA, and the Ombudsman then advised us that there was nothing they could do because of the CVA. I then referred the case to a solicitor, who advertised on his website that he operated on a 'no win no fee' basis. He responded by stating that I should either refer the case to the Ombudsman (which I had already done!!) or take court proceedings which could not be done under the Conditional Fee Agreement. I could not afford to take this action with the solicitor in question. The solicitor told me that if I wanted to take action I would need to do this within 6 years from the date of the contract (which was 2002). I then wrote to the solicitor on three separate occasions asking for my papers back, but he refused saying he wished to protect his 'lien'. I cannot remember the cost of the PPI - and all my paperwork is with the solicitor - but it is in the thousands. Can anything be done?

Hi, I’m new here & would be extremely grateful for some advice. To cut a long story short, I contacted a solicitor via his website which stated "Go direct to solicitors and cut out the middle man: Win = pay nothing; Lose = pay nothing". I have an Egg loan & I told the solicitor that I had already referred the case to the Ombudsman regarding a missold PP,I and foolishly asked for advice re 'unenforceability' of the loan - because his website stated that he had won a lot of cases in this respect. There are several discrepancies regarding the handling of my case: 1. I submitted my complaint form to the FOS on 03/04/08. 2. I contacted the solicitor on 05/02/09. 3. The PPI was returned directly to my loan account on 12/03/09. 4. The solicitor submitted a complaint form with a 'forged' signature to the Ombudsman on 11/08/09. 5. The solicitor sent me an invoice on 23/07/09 asking for 25% of the sum returned to my loan account. 6. The solicitor has written to me on 11/08/10, 02/10/10, 10/01/11 & 07/02/11 asking me to sign the Ombudsman complaint form, but on each occasion I refused and asked why he wanted me to sign the form. He just responds threatening enforcement action if I refuse to sign the form. 7. The FOS contacted me in October 2010 because the signature on the Ombudsman complaint form submitted by the solicitor did not resemble my signature. I now have a copy of the form and the signature on the form submitted to the Ombudsman by the solicitor is not mine. The solicitor is threatening to take enforcement action unless I settle his costs within the next seven days. Can anyone give me some advice on how to deal with this situation? Do I contact the Legal Ombudsman? Or should I contact the Solicitors Regulatory authority? Any advice would be gratefully appreciated.

Hi, I'm new here I'd be extremely grateful if anyone could point me in the right direction. To cut a long story short, I contacted a solicitor via his website which stated "Go direct to solicitors and cut out the middle man: Win = pay nothing; Lose = pay nothing". I referred two cases to him: An Egg Loan Peoples Loan The People's Loans case concerned a missold PPI worth approx. £12,000 - but the solicitor told me he would not progress this case unless I paid him up front, which I could not afford to do. I asked him on several occasions to return the paperwork I had sent him, as I was running out of time to pursue this case, but he refused saying that he wanted to protect his 'lien' on this claim. I am now out of date to pursue this claim. With regard to the Egg Loan, I told the solicitor that I had already referred the case to the Ombudsman regarding a missold PPI and foolishly asked for advice re 'unenforceability' of the loan - because his website stated that he had won a lot of cases in this respect. There are several discrepancies regarding the handling of my case: 1. I submitted my complaint form to the FOS on 03/04/08. 2. I contacted the solicitor on 05/02/09. 3. The PPI was returned directly to my loan account on 12/03/09. 4. The solicitor submitted a complaint form with a 'forged' signature to the Ombudsman on 11/08/09. 5. The solicitor sent me an invoice on 23/07/09 asking for 25% of the sum returned to my loan account. 6. The solicitor has written to me on 11/08/10, 02/10/10, 10/01/11 & 07/02/11 asking me to sign the Ombudsman complaint form, but on each occasion I refused and asked why he wanted me to sign the form. He just responds threatening enforcement action if I refuse to sign the form. 7. The FOS contacted me in October 2010 because the signature on the Ombudsman complaint form submitted by the solicitor did not resemble my signature. I now have a copy of the form and the signature on the form submitted to the Ombudsman by the solicitor is not mine. The solicitor is threatening to take enforcement action unless I settle his costs within the next seven days. In fact, his involvement in the case has just lost me money - I can no longer pursue the claim against People's Loans and the solicitor is demanding payment too. Can anyone give me some advice on how to deal with this situation? Do I contact the Legal Ombudsman? Or should I contact the Solicitors Regulatory authority? Any advice would be gratefully appreciated.