Charging Order Registered with Land Registry

[Bazza121]

Need some advise on this.

I will try to be brief

 

I discovered by accident when searching my title deeds that there was an entry by Lloyds TSB dated 2009 regarding an outstanding overdraft for a dissolved company that I was a director. I have no notification of this charging order.

As Lloyds TSB no longer exists, I contacted Lloyds to shine some light.

 

They (after some denial of existence) come back with information that this was for the overdraft. 

 

Lloyds say "They no longer have an interest in this debt" and have sold on the amount to Cabot financial.

I have had no contact from Cabot since 2009.

 

I contacted Land Registry to remove the order as the order is in the name of lloyds TSB who no longer have an interest.

 

Land Registry refuse to remove unless Lloyds instruct them to.

Lloyds will not as they no longer have interest and refer me to Cabot, and if cabot agree, then they will remove the order.

 

If I contact Cabot, will they want payment?

Is the Land Registry correct in not removing the order?

 

Thanks

[dx100uk]

What date was the CCJ that resulted in the CO?

It would have been Cabot that got it using your old address as you didn't inform your creditors you'd moved in writing?

[BankFodder]

Also you should know that when creditors sell debts, they sell the rights but they can never sell the duties.

This means that any complaint you have, you can make it against the original creditor. You can make it against the debt purchaser as well but very often you are better off going against the original creditor. They won't like it because they think that by having got rid of the debt, they have gotten rid of all responsibility – but that is not the case.

[Bazza121]

The original CCJ was 12 June 2009 from Lloyds TSB. Cabot have not been in touch about this.

 

The entry on Land Registry is from Lloyds TSB not Cabot

 

[dx100uk]

did you sign a personal guarantee with LLoyds re the OD?

 

yes sorry..2009 was a time when Lloyds did still do litigation.

 

had you moved and not informed LLoyds of a change of address?

 

the CCJ and its enforcement ..the CO is now owned by cabot

you wont get it removed by simply asking.

 

is this home solely in your name as was the debt?

 

[Bazza121]

The company was desolved in 2009 and a directors guarantee was signed

[AndyOrch]

Cabot are now the Judgment claimant......the debt has been assigned to them.Its irrelevant who,s name it is in with regards to your Deeds. The charge will remain on your property until its settled..they wont remove it.

 

The CCJ itself is 10 years old...so obviously Cabot are content to let it sit as security until you either settle or sell.

 

Andy

[dx100uk]

2 hours ago, dx100uk said:

is this home solely in your name as was the debt?