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Satisfying a Caution on a property


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I'm new to posting here, so apologies if this is in the wrong place.

 

 

I'm looking for some advice on removing a very old caution on our property by paying the claimed amount.

 

 

A quick summary:

Back in 1990 our business failed in the recession that was occurring at that time. We paid off everyone except our business landlord, and in December 1996 we were hit with a Judgement for Plaintiff in the amount of £4492 "for debt and interest to date of judgement", plus £50 costs, making a total of £4542.

Previously, in 1992, the landlord placed a Caution on our property.

 

 

We now are in the process of changing our mortgage, and the new lender won't complete the deal until the caution is removed. We applied via Land Registry for it to be removed, but the landlord has objected (first time we've heard anything of him since 1996).

 

 

As I'm just about to retire, I'd like to get the matter settled quickly so that we can go ahead with the mortgage - which we're only taking out 'cos our old mortgage has just expired and we've been unsuccessfully trying to sell our house for the past year. I can take out a sensible rate bank loan for the money and pay off the landlord, but....

 

 

1)The "Name and address for payment" on the Judgement is a solicitors who tell us the creditor has not been a client for over 15 years, and they hold no paperwork on the case. Are they still the people I should be dealing with, or should I go straight to the creditor?

2) As the debt is unsecured and is under £5000, can the creditor claim any interest? He'll certainly try!

3) Should I deal with this myself or employ a solicitor to handle it?

 

 

I realise that my problem is minor compared to those of many of the people asking for help on this site, but I would appreciate any advice you can give

 

 

Thanks

Steve

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Hi Steve,

 

I have moved this into legal issues for a response

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1) Go direct to the creditor. Most likely he has not instructed any solicitors for years. Presumably the LR must have his address since he objected to the application.

2) Depends what the judgment says. If the judgment says he was awarded interest then yes. If it doesn't then no.

3) If you are intending to pay the full amount he has no reason to object to the application. If it can be resolved amicably I do not see any reason to involve a solicitor.

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