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Found 19 results

  1. I had a restriction of sale placed on the Land Registry title of my house for approx. £1000 in 2013 by Sigma SPV1 Limited while I was out of the country and did not receive notice of a small debt (which snowballed with penalties and interest) after I moved abroad. I am now about to sell the property and checked the title and found this restriction from 2013. I searched for the company, Sigma SPV1 limited and see that they were dissolved last year. How do I go about removing this restriction as quickly as possible? I'm happy to pay the amount if that's the quickest way, but unsure if I can even do that since the company with the restriction was dissolved?
  2. Four-time bankrupt hit with fourteen-year restriction READ MORE HERE: https://www.gov.uk/government/news/four-time-bankrupt-hit-with-fourteen-year-restriction
  3. My daughter took her ex to court over monies he owed her, currently standing at over £6k. She won but he paid her nothing a year later she went back to court and the judge awarded her a Charging Order over his property (he co-owns with a previous ex). She has tried to register the Charge with the Land Registry but they appear to have awarded a Restriction. What is the difference and what should she do?
  4. Hi everyone, just found a restriction on my property from a very old un-secured debt. After reading around it seems because its in my wifes name only and the property is in joint names it wont effect me selling. please see below taken from Title: Is this true? what issues is this likely to cause and will it scare away buyers? (21.02.2014) RESTRICTION: No disposition of the registered estate, Title number ########### 2 of 4 B: Proprietorship Register continued 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 the conveyancer that written notice of the disposition was given to Hillesden Securities Ltd (Ref:- ###############) at Buckingham Road, Brackley, Northamptonshire NN13 7DN, being the person with the benefit of an interim charging order on the beneficial interest of ############### made by the ####### County Court on 5 February 2014 (Court reference ########).
  5. I hope someone can help with a situation that has arisen out of the blue, just a few weeks before completing the sale of my home after battling repossession and eviction for the past 7 years. Despite no contribution to the mortgage, bills, expenses or child support, my ex-husband has engaged a solicitor to apply for a Restriction on Land Registry. The mortgage company have a possession order and have tried to evict my son and I twice this year. The judge allowed us to pursue a normal sale both times. My 3rd hearing is July 11th and now this final twist has occurred, which could sabotage the sale and leave my son and I homeless. Both the LR and mortage is in my name only. Please reply urgently with any advice.
  6. Hi, Im hoping for some advice please. My ex is trying to get a share of my property by claiming beneficial interest. From what ive read he has no claim as we are not married, house is mine & he has never paid the bills or mortgage. He has applied for a unilateral restriction to be placed on my house. Ive read I can dispute this with the land registry but im not sure where to start & cant afford a solicitor. Does anyone know the process or anymore info? Will this mean I cannot sell or remortgage my house? Thanks for reading.
  7. My OH had previously been chased for an old outstanding amount of approx £3,500 in which she previously queried with HMRC requesting further details. No explanation was forthcoming and she received her new tax code details and in which they have deducted over £300 last month from her monthly pay in which has caused no end of problems and upset. Quickly looking at approx amounts it seems that they have set-up a repayment plan over 12 months, in which she cannot really afford at the moment. Can she contest the existing plan due to unaffordability and that it was previously disputed ? Shall I get OH to send a Subject Access Request to HMRC ? Any advice would be appreciated thank-you.
  8. Hello Many thanks for reading this- kindly appreciated. I jointly own a property with my ex-husband. We had a NRAM together mortgage with the unsecured loan, I went into IVA once we split up and he is now solely responsible for the remainder of the unsecured debt. As he ignored paying towards this debt (any debts really!) NRAM took him to Court and the following restriction has been entered in the proprietorship register in the Land Registry document: "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 NRAM being the person with the benefit of interim charging order on the beneficial interest of Mr... (my ex-husband) made by the [name of court] on [date] [Court reference…]." I put the property on the market after being assured by my conveyancer that the restriction can be easily removed. Close to the exchange of contracts my solicitor suggested that she can't give undertaking to my buyer that the restriction will be removed as NRAM are not willing to remove the charge - please see the correspondence received from NRAM attached. The deal fell through partly because of this and partly because my ex stopped corresponding and signing paperwork. He is not corresponding with NRAM either. I will have to go back to Court to ask the Court to sign property sale documents on my ex's behalf I gather... My question is whether I can sell the property? How can this restriction be removed? Is there any recommendations for the conveyancing solicitors who are experts in this matter and are prepared to give the undertaking so I can sell and move on with my life? Or is there any other solution to this please? I would so much appreciate some help with this please. Thank you. NRAM letter.pdf
  9. I have had a CO for the last 6 years on my property and looking at the court forms interest is being added every month. The issue is that since the charge was granted I have had absolutely no contact from the creditor at all. I did ring them once to try to set up a payment plan but was rudely rejected and told to pay the whole amount plus interest or they were not interested. So my question is, are they meant to send me an annual statement of interest as I have no idea how much the debt stands at now? and when in a few months I have enough saved to pay off the amount of the CO but not any interest, can I have the CO removed? Any advice would be appreciated thanks
  10. Good evening I hope someone can give me some advice on what to do next. I was due to complete the sale of my house yesterday, however 3 days ago (Friday) I was told by my solicitors that the house couldn't be sold due to 2 restrictions on it against my ex partner. I have explained that all they need to do is to notify the creditors that the house is to be sold, and have proof to show that they have given said written notification, as this is what the LR will need to see before registering the transfer of the new owners and the restriction being removed as the interest of the new owners overreaches the interest of the creditors. I have confirmed this with the LR and have asked my solicitors to do the same in 3 separate emails, however they have come back every time to say that the money to the creditors need to be paid before the sale can complete and have not confirmed that they have spoken to the LR. I am banging my head against a brick wall stating to them that this is not the case. There will be no funds in my ex-partners share to pay any of the creditors as I have a court order for sale of the house that states how the proceeds shall be divided. After discharge of the mortgage, sellers and legal fees, all mortgage payments that I have made against the property for the past 2 years and the amount of the arrears that have been accrued, (which is more than his half of the share) is due to myself. I feel like my solicitors are not acting correctly, and are telling me pack of rubbish, and I am at a loss as to what to do next. Can I instruct another solicitor that knows what they are talking about to act on my behalf in the sale? I am really worried that the sale will fall through due to their incompetence.:mad2: Any advice is appreciated.
  11. Hello, I was travelling to London from Leicester on Saturday 7th June 2014. I went through several M1 southbound road works and mostly kept up with packs of motor cars and only checked my speed gauge at the beginning of the road works to ensure I complied. There were two occasions when I had to overtake, once when a driver was down to 40mph and created a huge gap ahead with a long line of tailback. The second time was when the driver ahead of me was texting on the mobile and at times quite erratic, the lanes being quite narrow and so choosing a moment of safety I rushed to overtake. Please see attached[ATTACH=CONFIG]52002[/ATTACH] "Notice of intended prosecution" dated 11th June 2014 but actually received 18th June 2014. I have not responded yet and seek advise as to what action I should take from hereon. I do not exceed speed limits. I have clean driving licence.
  12. I have had a company working for me, who had supposidly been working on my behalf to get my property back after it had been repossessed. I have made several attempts to get them to send me any correspondance that they have had between them and the lender, but up until the date of writing this, they have not done this and not done anything to help, but they will be expecting payment when the house is sold. How can I stop them from claiming this and also paying them for doing nothing.
  13. Got a ticket for parking in Threadneedle Street EC, the kerb markings were there and not very visible, couldn't see the restriction sign on a post, when I got the ticket the sign was planted on a wall quite high up, do I have any grounds to appeal and is it worth it. Do the council have the obligation to ensure kerb markings are clear and precise rather than broken and not very visible, I also notice the vehicle in front of me didn't get a ticket as I asked the driver
  14. Hope someone can help me with this. My wife is in the process of selling her formal marital home, from her previous marriage. She accepted an offer and everything was progressing well until today when we had a call from her conveyancer. There are 3 restrictions registered with the Land Registry. Two of the restrictions were in relation to debts belonging to her ex-husband - these creditors have agreed to the sale and will remove the restrictions. The 3rd restriction is worded as follows: "RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by ----- ------ of --- ------ Ltd, full address" The conveyancer has contacted this company and was told that the restriction was put in place due to her ex-husbands IVA, which has since failed because he did not keep up repayments. They have said that it will not be removed until the whole debt has been removed, which amounts to nearly £90,000 between 9 creditors. As such they have said that they will not give written consent to the sale. The conveyancer has therefore told us that she cannot proceed with the sale unless we have the money to clear her ex-husbands debts! The equity in the house is only £20k which, after costs, amount to £7.5k each, nowhere near enough to clear the debt. My wife has phoned this company herself but they refuse to speak to her, stating that as the debt was her ex's they cannot discuss it with her. Currently the house is empty and we are paying the mortgage each month, as well as rent on our home - we cannot sustain this for much longer. Is there anything we can do about this? We are desperate for the sale to proceed so that we can purchase a home of our own to give our children some security!
  15. My wife has had to have two assessments in the last few years whilst on ESA, due to her ill health and mental health issues. She scored a 0 on the first one, we appealed, and 2 years later the appeal went through and we scored 19 points (not much of a difference, eh?) and we got our benefit back. 7 months later, they sent he for assessment again. Once again, she scored zero. We went back to appeal, 13 months later it went through and we scored 18 points We went back to the full rate in March of this year. It's now just the start of June, and we're being told she has to be assessed again, only 3 months later. Is this right? isn't their some form of minimum time frame, given that she's been repeatedly cleared, has given medical notes through out all appeals, and that she has only been back on the benefit for 3 months? It's making her ill, she just saw the ATOS envelope today and burst out in tears and had a panic attack, It's so hard for her to go to these things. Not just because of a bad knee operation that has left her unable to walk much further than the bathroom and back, but because her stress and anxiety kick in and she will literally be sleepless for days before the appointment, throwing up and breaking down. Whilst reading this, if anyone can also help me out with another question too I'd be most appreciative. My wife started the ESA as a mental health issue, however since she was on the claim within the last year, she was given surgery on the NHS for a knee operation. A Knee operation that has since been revealed that would be of no use to her (they originally thought it would help fix her knee joint which kept coming out of socket). This operation, combined with her high rising knees brought on from hyper mobility (which is why the op should not have happened apparently) leaves her with a knee that swells up and bruises over night if she walks as far as going around town. She will be in agony, and has to take multiple Tramadol tablets each day to knock her out so she isn't in too much pain to rest. Obviously, this is now another obstacle in the way of work... will this be accepted on her ATOS report? or when she fills it in, will she only be able to talk about the mental health issues that the claim was originally for, and she still has. Just wondering, because if we can use the knee thing too, I intend to. Because they don't understand mental health at ATOS at all. We constantly said in our first exam that my wife is incapable of going as far as our local shop (100m) without being accompanied by me and planning it in advance, and even then sometimes it was too much. On their report back, she scored 0 and they said "Angelina has no issue with going to the shop on her own" So yeah, would be nice if we can use something that is physical and can be seen, since they seem to ignore what isn't in front of their eyes. From reports, they will likely ignore physical too but I want to make it harder for them to be such [edit]s. I'm also planning on taking a voice recorder, and recording the whole assessment. Maybe that will force them to write down what is said, and not just tick the box that means she loses benefit and they get a gold star.
  16. Hi Have searched but have an unclear understanding of the signs in parking restriction areas. If a designated parking area is marked with a rectangle box, parallel to the pavement: Môn-sat 9.30 -4pm 30 min parking no return 30 min My question is, what are requirements for the local authority to place signs in that area? The marked area in question can fit approx 20 cars. Currently there is a sign at the beginning of the bay and another ¾ down the marked area. I parked my vehicle at the end of the bay and just exceeded the 30 min parking time and was issued with a pcn. I wanted to challenge this pcn on the grounds that a sign was not erected at the end of the marked area and was not aware of the restriction (which is truly the fact).the nearest sign to the end of the bay is 21 mtr away I have read in posts that signs need to be erected at each end of the box area (or where the line turns in to the pavement (L shape).can someone shed some light on this and any links to the legislation. Thanks in advance
  17. I recently received a letter from my former employer stating that they understood I was dealing with former clients, stating I should sign an undertaking to desist as I was in breach of contract. I work in a specialist field, and although I did make it known I was moving to work with another company, it was in an area which although similar, is different in the fact my former employer does not have the expertise or the equipment that the new company does. I was contacted directly by the client and asked if we could perform the task. I of course replied we could. This is an organisation who does not directly use my former employers services any more - the contract expired July 2011. The covenant restricts me to working with clients or former clients within a year of leaving my previous employer. I left in May 2012. I have taken legal advice - which has cost over £500, and my solicitor states that a firm rebuff should suffice and it should not go any further. If that is the case, assuming the matter goes no further, am I in a position to put a claim to my former employer for costs incurred as a result of their action?
  18. Not sure if anyone can I help. I lost my business a few years back and had to declare myself bankrupt but 2 months before doing this Northern Rock managed to get a restriction order on my property for an unsecured loan with a value of £19k. They sold this debt onto Link Financial Services a year later. In the 5 years since the restriction has been placed I have only been sent a letter twice from Link regarding the unsecured loan and I approached them to see if we could get the restriction lifted if we made a reasonable offer to clear the restriction. They wanted 90% of the debt to clear the restriction. I have since found out that the restriction order is still in the name of Northern Rock and my credit expert file states that this debt is now settled with Northern Rock, I do not have anything on my credit file for Link Financial relating to this debt. Land Registry will not lift restriction without Northern Rock sending them a RX3 form. I contacted Northern Rock and they confirm that the debt is settled with them and if I need to lift the restriction call a number which happens to be for Link. 1. Should the restriction order now legally be in Links name? 2. How long can they have a restriction order on a property without making efforts to recover the debt 3. When I come to sell, do I just inform Northern Rock of the sale as it is there name on the restriction and not Links Any advice would be great as they way I read it is as long as I inform Northern Rock of any impending sale then Link will not be notified and by the time they find out the sale may have already gone through. As this is an unsecured loan do they have any other course of action.
  19. I have read a lot about these charging order restrictions and how one can sell the property and inform the charge holder after the sale has gone through if there are joint owners and one debtor. I have spoken to a couple of local solicitors about this and might have well been speaking to a brick wall, as none knew anything about the workings, since the law changed in 2003, of these restrictions, all saying that 'charge is a charge', which I know is incorrect. Can anyone recommend an aggresive solicitor in West Sussex who fully understands the law concerning restrictions, and that may be able to assist. Any help will be appreciated.
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