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    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.   3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form: it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’ So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know. It seems it is dependent on the wording 'completed by registration' and 'is to be registered'??? Below is copied from Martin's MSE.  This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to decieve you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- 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 [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
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quailpower

Stolen But In A Stupid Way That I Cant Report It??

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Hello again,

 

Yet again something absolutely stupid has happened to me. My car has been stolen, but it couldn't be that simple.

 

 

I have a red Alfa Romeo, SORN and uninsured, I took the engine out of it an transplanted it in my car, and took a few other bits and bats so it was just a rolling shell full of junk (became our skip as we knew we were getting rid).

 

We towed it to the local scrap yard this morning (on an A frame which wasn't really legal). When we got to the gates, we realised we had forgot the V5. So unhooked the car, drove home and got it. When we got back to the scrap yard they were closed and the car was gone. It has no engine so it cant have been drove and the sod was heavy, on space saver wheels and with partially seized brakes so couldnt have been pushed.

You can see the full scrap yard and it isnt in there, what do I do?

 

It was towed illegally by my friend so I dont want him to get in trouble if they see him on CCTV. We also technically abandoned it to get the V5 so dont want the 2.5k fine for abandoning a vehicle. But I also dont want it to crop up a few months down the line when its found burned out, or dumped somewhere. So I cant really report it stolen can I? Also what do I do, just keep sorning it every year??

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Plus I was hoping to put the 150 quid Id get in scrap to pay some balance off my credit card :( looks like thats gone down the plug

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Sounds like a fine mess ....

 

 

[ATTACH=CONFIG]58020[/ATTACH]

 

 

However, it may well be that technically you haven't abandoned it.

Abandonment means to leave an item without any intention to return and with an intention not give up ownership so that the thing becomes a "res nullius" - a no thing.

I don't think that happened here. Please link me to the offence in question.

 

Whatever, I don't think that you want this problem following you around and so the best thing is to report it and to be straight about it so that at least any hole you are in will stop getting any deeper and you will still be able to climb out.


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Do you think the Police will be that interested in investigating when they are struggling with resources ? I think you just need to tell them that the car was towed to just outside the scrapyard, you had to return home to get the V5 and when you got back the car had vanished. It will just get reported as stolen and you should report this to DVLA as well. That will be the end of the matter, unless it turns up.

 

I suspect that someone connected to the scrapyard has taken it to strip it down for parts to sell and the rest will go in with other misc scrap. Old cars are worth more now to strip into parts and the rest will go through the crusher.


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It's millions to one that it will be restored and put back on the road, so just sign your bit of the V5 and send it off to the DVLA as scrapped.

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It's millions to one that it will be restored and put back on the road, so just sign your bit of the V5 and send it off to the DVLA as scrapped.

 

I though you had to get a certificate from the scrappers to do that .


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There's nothing to stop a person dismantling the bodywork and selling the panels until there is nothing left so that would be scrapped.

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There's nothing to stop a person dismantling the bodywork and selling the panels until there is nothing left so that would be scrapped.

 

My partner restores cars as a hobby, you definately need a certificate of destruction from a scrap yard. As we dismantled for parts and still had to take the chassis plates to scrappy.

 

I don't think police will investigate but I am worried if it's an inspection week or something and their all on best behaviour. Knowing my luck it would be the one claim the do investigate.

 

I don't think it will be restored. There are only 33 left in the uk and I owned 4,and you can't pay people to take them.

 

Has anyone ever got fined for a car being burned out somewhere

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So are you saying you had to take the bulkhead and boot floor etc to the scrappy, with the number etched into the metal, what if they had been purchased ?

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So are you saying you had to take the bulkhead and boot floor etc to the scrappy, with the number etched into the metal, what if they had been purchased ?

 

 

Ok, I understand there is a fee, so update what I said earlier, any way they can make a penny they will.

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In the past I had to take the metal plate from the chassis into scrapyard to get a cert of destruction.

 

I just bit the bullet today and reported it stolen :/ hopefully thats the last I will here.

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You can now give the DVLA a crime number should they require one. Very unlikely you will hear anything as the police don't have the resources and if it was taken into the scrappy and they visit, the scrappy only has to say it was abandoned outside there gate.

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