Second charge on mortgage cant trace creditor

[delta1956]

Hello

 

I have a second charge on my mortgage/ land registry.

I have been paying approximately 15 years Intrum Justicia. 

 

2017 the payments started to bounce back from the account of IJ. tried  many communications to them  no reply.

 

Trying to sell my property

cant exchange contracts re this company as I need a settlement figure.

 

I checked companies House they are now Intrum UK2 LTD.

 

I contacted them they have no record of my account or any payments.

 

My solicitor has also written numerous times with no reply.

Its like I don't exist. 

 

Desparate to continue my sale of property but this seems to be a huge stumbling block.

How can I proceed

How can I get this removed from my deeds .

 

Please any advice will be greatly appreciated.

[AndyOrch]

By second charge do you mean a restriction /charging order ?  

 

 

Andy

[Ethel Street]

What does your solicitor suggest? It can't be the first time in the history of English conveyancing that the company with a charge registered cannot be found. You'd have thought some legal procedure existed for dealing with it. I've no idea what but I'd expect a specialist property/conveyancing solicitor to know.

 

You could also try asking the Land Registry. They won't give you personal advice on your specific situation but they may have some general guidance on the issue somewhere.

 

Is Intrum UK2 Ltd the same company as Intrum Justicia, just a change of name? If it's the same legal entity that's just changed its name then wouldn't a formal letter from them confirming they have no charge on the house be sufficient to get it removed. There's probably some Land Registry form they'd have to sign. I don't know the answer but again I'd expect your solicitor to know.

Edited September 11, 2019 by Ethel Street

[delta1956]

1 hour ago, Andyorch said:

By second charge do you mean a restriction /charging order ?  

 

 

Andy

Hello Andy yes I did mean restriction charging order . My solicitor just got back stating she not a litagatir and not very helpful. !!

[dx100uk]

restriction K?

 

is the home in joint names and this debt is solely yours?

do you have the wording from the Deeds please [exactly] 

[dx100uk]

ps intrum [1st credit] are not Intrum Justicia. 

[AndyOrch]

They are Dx they changed their name

 

 Intrum Justitia not Intrum Justicia

[dx100uk]

yes I was just looking and spotted the spelling mistake too...

 

[delta1956]

This restriction totally on my own and as I am home owner.

Original debt was Tesco Finance then Ist Credit took it over then Intrum Justicia.

 

Land registry stated as a result of this application the following entry has been made in the charges register of the above title number. 21 June 2005 equitable charge created by an terim order of the telford county court dated 18 May 2005 in favour of Tesco Personal Finance Ltd. Note Copy Filed 

[delta1956]

@Ethel Street

 

Hello and Thank you for your reply.

 

By the lack of support from solicitor I feel as I am the only person to be in this situation..

Land reg couldn't assist.

 

I spoke to county court admin.Clerk.

 

I have to complete form N244 put my case to a judge with all my evidence and then he can make a decision.

This could be up to six weeks. and expensive approx. £360.00?

[AndyOrch]

Then  Tesco Personal Finance Ltd.  are who you need to contact...as for making an application...what do you want the court to order ?

[delta1956]

Tesco cant help they sold on the debt to ist credit then Intrum Justitia, name changed to Intrum UK .

 

I need the restriction to be removed so I can complete my sale of my property,

[Ethel Street]

You are being very badly served by your solicitor.

Is she working for a firm of solicitors?

It's not OK for the person you are speaking to say 'I don't know' if you have instructed a firm of solicitors to act for you.

 

You are presumably contracted with the firm, not this individual solicitor.

So it's the firm's job to come up with the advice you need from someone in the firm who does know.

 

This is not a massively obscure area of law!

Anyway how is "I am not a litigator" relevant?

At this stage no litigation is contemplated nor seems to be needed.

 

I suspect the person you are talking to isn't actually a qualified solicitor but is on their staff as a Licensed Conveyancer or an unqualified paralegal or assistant.

 

If you aren't happy with the quality of the advice you are getting escalate it to the Managing Partner (or whatever their head honcho is called).

[AndyOrch]

How much was the judgment for and how much have you paid over the last fifteen years ?   Possibly you have paid it off ?