first plus secured loan case stayed since 2010 - how do i get the charge on home removed?

[arghhhh]

Hi

we have been waiting for Firstplus to do something for a couple of years now and they have not,

 

this is after a protracted claim and counterclaim got struck out in 2011 (we have not paid them for 6 years now)

 

I am assuming that as they have not acted they cannot

 

The order is headed "general form of judgement or order"

 

and states "the matter be stayed with liberty to apply to restore by .

... in default of which the claim and counterclaim will be struck out without further order"

 

Can I apply to have the legal charge removed and if so how?

[citizenB]

I will try and find someone who can answer this for you.

[citizenB]

Hi, we need a little more information from you..

 

Can you please provide a full history of events that led up to this point and also the full content of the General Order you are referring to.

[arghhhh]

Well it is a long story.

In 2009 Firstplus started proceedings to repossess our home due to arrears with a first hearing in Feb 2009. We had a lot of issues with the loan and engaged a firm of solicitors, to be fair the initial solicitor was very good and were it not for her we would likely of lost our home.

 

 

However as the case progressed she left and the firms litigation dept was taken over by another firm and then another and we transferred our case with them , eventually we told the last firm to get lost and sought to deal with things ourselves. This was in nov 2011, at which point I went to the court informed them and got a copy of te last order on the case.

 

 

Now our solicitors were unaware of this order, and we have outstanding issues with them, but that is a different matter.

Given that the first possession hearing had been held in feb 2009 and there was limited progress we were increasingly frustrated, and thought we would be able to get a deal we could either afford or at least manage in some way. However we discovered the order striking out the claim and counter, on informing Eversheds and inviting an offer to talk we made no progress.

 

 

The full general judgement or order read:-

By consent

It is ordered that

1)The trial window of 11th july 2011 to 29 july 2011 be vacated

2)The matter be stayed with liberty to restore by 16th Sep 2011, in default of which the claim and counterclaim be struck out without further order.

 

Dated 16 june 2011

 

Now I understand that after two weeks both partys would be deemed to be in position of this and that in any case three months notice is given.

In addition to this there was an application to vacate the trial date to which both sides agreed, but this had nothing that equates to the second part of the order. I therefore take the second part to be the court exercising its case management duty’s.

 

 

On this subject the court had allredy had to reschedule the trial date and issue instructions as to disclosure and the like, had issued at least one other unless order and dealt with our changes in representation as well as First plus ping ponging between Eversheds and Simmons&simmons, various procedural mishaps and a non show for a hearing from Firstplus.

Edited October 20, 2013 by citizenB
formatted for easier reading

[citizenB]

Thanks for this, I am sure someone will be along as soon as they can.

 

Please be a little patient, all caggers, including site team are volunteers. So whilst you might not receive an answer today.. your thread has been brought to the attention of those who may be able to help and they will look in as soon as they can

[AndyOrch]

I think you would have to approach the The Land Registry with regards to the charge.I assume this was a secured loan on your property hence the charge?

 

If thats the case the legal proceedings do not have any effect on the charge as it was placed at the time you entered the agreement.

 

Regards

 

Andy