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Old Caution/Charge on Scottish property

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My mother an I are joint holders on a property. She had a caution placed on the property while we were both away from the country. The problem is that this was done by the Queen's bench in the High Court in 1994, and I did not know this until I tried to remortgage the property in my name now.


I have investigated the case and have found some really scarey irregularities in this. There was no loan agreement and alledged loan was actually payments for a loan that a person had to make to my father for a loan he took out with my father. The agreement is there and his promise notes are available.


I have now grown up and have investigated further on this, but not enough. I need to know how do I get these charges removed from my family home. The guy is now dead and was supposed to be a family friend. My dad loaned him money in the 70's, and my dad took him to court, but prior to judgement my dad agreed a payment plan. He just about adhered to this, but he paid my mum money b cheques, and claimed these were a loan to my mum.


He obtained judgement with the high court and now holds a charge on our property. What can I do to resolve this as I have proof of this. I also feel that the solicitors who obtained this have acted illegally.


How do I go about to clear our name/ The Judgement was in 1994, do I have a hope, or do I pay the caution?


Please advise,,,,

Edited by kirsun10
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Please help me. I need to resovle this matter. We are not a big naking organisation and we are now a normal family, and we are at risk of loosing the family home. My Dad who was the money lender is now retireted, but he did the right thing to hel this guy but he turned it round on him. Please help I have kinds and a family to think off.

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Sorry you've had no replies so far. I'm moving your thread to the legal issues forum to see if it gets more response there.


Have you spoken to a solicitor about this at all? I don't know if you may be able to get an initial consultation free to see if they think you may have a case. Not sure if they do that in Scotland but worth a try.


It may also be worth contacting Govan Law Centre or one of the organisations in this link.




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Just to confirm that there is charging order on the house and the person who got the charging order is now deceased?


Is the property in Scotland?


Which court was the judgeement obtained in?

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  • 8 months later...


Welcome to The Consumer Action Group.



I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.


Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.



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