Capquest charging order against my home

[BJOE]

hello, I do not know where to post this plea for help/advice.

Recently dceided to sell my house & searches revealed a charge against my share in the property by CAPQUEST INVESTMENTS Ltd,

I know this organisation has a reputation, from reading this site.

I have lived in the property since 2004, still a small mortgage with GE Money

I am pensioner so funds are restricted,

any advice on how to establish what this charge relates to

[dx100uk]

when was the charge registered please

and have you got a copy of your credit file recently

you say 'share'?

if its joint ownership/mortgage it should only be a restriction

and that should not stop/hurt the sale.

dx

[BJOE]

thanks for your response, joint mortgage - with my wife (retired) - my credit file last year 2014 shows nothing untoward.

property charge shown 2008 CAPQUEST INVESTMENTS Ltd on Land Registry Title

[dx100uk]

if its 2008 the relevant CCJ will prob be slightly prior to that

and has gone from all public records

 

 

you could complain that is should not have been registred as a CO

but as a restriction

but after all this time, prob a muted point of procedure.

 

 

dx

[BJOE]

Hello, sorry if this is not the correct place to pass this request on.

I have received similar letters from DRYDENSFAIRFAX claiming a CO was issued for CAPQUEST against my property.

I have wriiten to DRYDESNS WITH cca REQUEST AND ALL INFORMATION THAT THEY HAVE ON ME.

dESPITE A FOLLOW UP LETTER ENCLOSING FULL COPY OF MY ORIGINAL REQUESTS, i HAVE NOT HAD A REPLY.

All of my letters were posted 'Signed for',

Reading advice on CAG I have not telephoned them.

Can I make any legal request through the courts to force DRYDENS to respond to my requests.

First letter from drydens was in Aprill 2016.

No response to my questions, todate.

Hoping that someone can help, as If I want to sell my house I do not want to have any restriction placed on my equity.

I have been retired for two years, income is limited, so may have to sell my home - no mortgage left.

Hope you can advise next legal step

, Thanks

[AndyOrch]

Hi BJOE

 

I have moved your post to your own thread...please continue to post here.

 

Regards

 

Andy

[dx100uk]

old and new threads merged.

do you have the CCJ number?

looking at the thread from last year

it looks like this is simply a restriction type K

and not a full CO so you can sell and not need to tell them.

what was the debt that capquest got the CCJ on?

[AndyOrch]

Thread moved to FLI

 

Andy

[Ganymede]

dx100uk said:

you could complain that is should not have been registered as a CO

but as a restriction

No he can't, he would look silly if he did.

An Interim/Final Charging Order is granted and then is registered against the title in one of two ways:-

1) Restriction

2) Equitable Charge

Regardless of the method of registration above, a Charging Order is always in place.

[BJOE]

 

Thanks for your advice, I am trying to discover from Drysdalfairfax, exactly what, if any CCJ they are pursuing.

Thanks & apologies for posting in wrong place, still trying to move into the 20th century, never mind this one ,

Thanks

[dx100uk]

pers i'd never ring any of those

try northants bulk court

[BJOE]

18th NOVEMBER 2016, still no response from DRYDENSFAIRFAX,

have confirmed online (Royal Mail) that two letters sent in October have been received & signed for,

not able to glean any information from Northampton Bulk Court, my latest credit file report is clear & accurate.

Will just wait and see what occurs, I am going to place my house on the market, and will appraise the conveyancers of the charge/restriction etc

[BJOE]

update on Drydensfairfax/charging order CCJ for CAPQUEST 2007 ,

The conveyancers dealing with the sale of our house have advised that we cannot sell unless we pay the amount

demanded by Dydensfairfax ,

I have still not had a response from DRYDENSFAIRFAx,

BUT WITHOUT MY KNOWLEDGE MY CONVEYANCERS contacted them.

Any advice as to how we can sell our house,?

The CCJ // restriction is in my name only and against my share of the property.

Still not had sight of the CCJ issued at Redditch County Court, H &L LEGAL COLLECTIONS.2007 JUNE

[dx100uk]

well they are wrong

you do NOT have to pay a restriction K before you sell

all your sols is legally obliged to do is tell them the house has been sold.

seems like he don't know the rules..

[BJOE]

Thanks for advice, I am losing faith in the conveyancing team,

the buyer's solicitor has stated they want the restriction removed on completion.

They are requesting evidence that CAPQUEST 'HAVE BEEN CONTACTED IN RELATION TO THIS SALE'.

I will have to try and convince my conveyancers about your reference to restriction K.

How can we find out if it is restriction K ,

I have not yet seen a copy of the CCJ.

[dx100uk]

nothing to do with the CCJ

it will be on the land registry entry.

a restriction k vanishes once the property is sold and is no more

reverts to an unsecured debt.

you need to also tell the buyers sols that a restriction K is not a full charging order.

they do not 'stay' with the property upon sale

type in restriction K in the search CAG red toolbar box

its all there.

http://www.consumeractiongroup.co.uk/forum/showthread.php?432053-Completion-of-house-sale-with-restrictions-solicitors-saying-debts-need-to-be-settled

[mercyblue]

The problem you have here is that the buyer will require free title at the point of sale, certainly in order to get a mortgage, when they do the land searches the restriction will come up.

You cannot notify somebody of a sale until after that sale has happened so you are still trying to sell it with a restriction in place.

It is a bit of chicken and egg situation.

[Old Cogger]

same problem we had - no sale unless cleared - catch 22 unless you want to hold out and possibly loose the sale!????? most solicitors are adamant and will only play on fair play (NOT)

[Ganymede]

dx100uk said:

you need to also tell the buyers sols that a restriction K is not a full charging order.

they do not 'stay' with the property upon sale

If the OP did that they they would be incorrect and look foolish as the Final Charging Order is a "full" one.

However, the Charging Order has been registered in the form of a Restriction on the debtors beneficial interest and not as an Equitable Charge.

Plus the buyers solicitors can't/won't talk directly to the OP as the OP has solicitors acting for them.

[BJOE]

Latest update ,

DRYDENSFAIRFAX, who are 'acting' for their client CAPQUEST, have told (Verbally not in writing, my conveyancers that their client cannot find the original 'agreement' for this alleged debt.

Will post any further developments, ,. thanks to all.