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Bexter2012

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  1. Thank you v. much Andy - I have only popped online quickly and will check back later on. Thanks again.
  2. 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.
  3. Hi - I've been following this thread and really desperate for any guidance / advice as we are in a similar position and now have an upcoming deadline before the case is referred to the adjudicator (despite our valid objections and agreement to negotiate which seem to be constantly overlooked). Would therefore appreciate any feedback or updates you may have (especially badlydoneto and ian111 who's experiences seem very similar) . Many Thanks!
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