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An old charge from a Dissolved company and Dissolved Solicitors - Advice needed


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Hi,

 

New around here but looking for some advice about a dissolved company called Phoenix Recoveries UK Ltd (SARL) and their dissolved solicitors.

 

On the Land registry, the Charge (dated 2008) is still registered to PR, so we're wondering what happens now? We keep ALL paperwork on everything and we've no record of the debt being sold on.

 

Can anyone shed any light on this?

 

Many thanks.

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Hi and welcome to the forum.

 

In order to give the correct advice.....could you confirm if it is a charging order or a K type restriction....IE was the judgment against just one of the legal holders of the property and the mortgage is joint ?

 

Andy

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I cant find anything on who Phoenix Recoveries UK Ltd (SARL) who they assigned or merged with.I think some debts went to Link. Is the Restriction causing problems...your selling or remortgaging ? 

 

https://www.ehnetwork.org.uk/forum-topic/unable-remove-charge-empty-property-dissolved-company

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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No problems (yet) as we’ve just sold our house, I’m guessing it could become a problem later in the process. Our conveyancer seems to think someone will own the debt, and it will need paying, but we’re really struggling to find anything 🤷🏻‍♂️

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If your Sol/Conveyancer is worth his salt...a Restriction K can be got round...without settling.

 

https://www.stevens-bolton.com/site/insights/articles/charging-orders-a-false-sense-of-security

 

 

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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This is from the first link you sent. It’s been over 12 years since any payments made.

 

Quote

If they failed to collect any monies for 12 years (2008+ 12 years =2020), then they may be able to argue that its title is extinguished.

Many mortgagees will have recently been concerned to find limitation loopholes in their standard procedures because where the mortgagor had been in possession of the mortgaged property for 12 years without any payment or acknowledgement of the mortgage debt, the mortgagee’s right to possession of the land was held barred under s.15 and its title to the mortgaged property was also extinguished by section 17(Natwest v Ashe [2008] EWCA Civ 55,)

Thank you for all this advice, it’s proving very useful. 

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so a useless restriction k

nothing to worry about

nothing they can do now

 

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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phoenix became part of the arrows group

 

totally ignore anyone that writes

absolutely nothing they can do ever.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hello again! @Andyorch

 

we've heard back about this and our buyers solicitor is asking my solicitor for either an RX3 or RX4 to be completed.

 

Our solicitor is saying this could get complicated.

Any advice?

My solicitor has asked me to look into anything I find 🤷🏻‍♂️

 

*Update* turns out Capquest bought the debt from Phoenix Recoveries.

We now have a reference number for our solicitor to use. 

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same lot RGD.

 

phoenix are part of the same group of companies as capquest ... arrows

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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RX4 is for the Judgment claimant to complete if they wish to withdraw the restriction...RX3 is for you is you request a cancellation of the restriction with reasons why.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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