Form k Restrictions my solicitor say i must pay and they must write to the holders!

[jcbkabs]

Are there montages on the properties if not transfer them to a relative the k form restriction becomes over reached and land registry will remove on registering the new name then in a few months transfer back. 
 

a lot of solicitors won’t do it as they think it’s a charging order but k form restrictions aren’t I’m currently trying to find a solicitor that will do this for me me current solicitor has done all the work but wants to pay it not just notify them property has been sold 

anyone know a solicitor that will do what I ask and not what they want?

[dx100uk]

its not your sols job

 

its the buyer ones job

 

dx

[jcbkabs]

hi

Dx100uk my solicitor is saying she has to pay it and not just send a letter on day of completion then it be comes over reached and land registry will delete it once new owners are registered.

 

but when asked were in the law it says it has to be paid she can’t tell me?

 

[dx100uk]

nope WRONG!

 

get them to READ the restriction PROPERLY

it does NOT SAY anything about you have to pay it upon sale.

NEITHER does it say your sols has to write to anyone.

 

dx

 

own thread created.

 

 

[dx100uk]

 

 

 

 

https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue-with-restriction-ks/

[jcbkabs]

Thanks just need to find a solicitor that will do as I ask and follow the wording of the k restriction to the letter and the not pay them

 

this is what they came back with when I ask where it states in law it has to be paid

 

“Unfortunately conveyancers doing what you propose risk a claim against them by the beneficiary of the form K restriction for breach of trust.

 

We would need to see sufficient evidence that the person named in the charging order had no beneficial interest in the property before we could transfer the sale proceeds to the other owner.

 

You could also face action against you by the beneficiary of the charging order as one of the joint trustees of the property.”

 

I'm fighting a losing battle just wish I could find a solicitor that would deal with it like I asked

[dx100uk]

ID10T's.

 

if you read those threads it gives the info counter their mis understandings

those are not the case!

 

sorry cant help with sols.

 

dx

[jcbkabs]

Hi dx100uk

 

Update house sale went through solicitor hasn’t paid restons

 

That’s because I’ve applied for a set-aside

 

its now come to light after I’ve applied for a set aside that the court documents for the final charging order has an address on for a property that doesn’t exist and I’ve never owned or lived at or even visited.

 

I checked land registry property they have stated on court papers-  no records 

 

I then tried Royal Mail find a postcode again address not listed 

walked the street unable to locate.

 

how do I defend this and get this set aside as they have fraudulently used non-existent property to register a k form restriction as restons

 

 “we again repeat our previous statement that we do not believe your application to set aside the Charging Order has any real prospect of success and are therefore instructed to attend the hearing on 30 March 2023 to oppose your application and to seek our Client's costs from you”

 

what do I do

[dx100uk]

nothing they'll lose

 

you mean set a side the CCJ, you cant set aside a CO.

 

 

[jcbkabs]

They haven’t sent me the original CCJ the have sent me one page charging order and on that the address is wrong?

[dx100uk]

you cant set aside a co, you can only set aside the original ccj which thus removes the charge if you are successful.

 

what did you put on your n244 please

 

 

[jcbkabs]

That the address on the court papers isn’t the property  the charging order has been attached to 

[dx100uk]

you still have to set aside the original CCJ that led to the charging order...same wrong address?

please post up your N244.................

[jcbkabs]

Don’t know court

 

don’t have any documents from charging order or original CCJ and I have never had any correspondence and given it’s from 2009 it’s not on credit file.

 

I’ve also paid  for a check on courts for CCJ’s search none recorded 

I have requested all this information off restons but they seem to be very slow with providing this part of the request

 

happy to provide charging order paper work with wrong address that I’ve never lived at or even visited let alone owned

 

 they put charge on my property with different street and postcode 

[dx100uk]

Can you scan up the n244 to pdf you filed to the court to start the set aside process.

 

Just a thought, if the house their co was against has now been sold, then everything is now dead.

 

You don't need to do anything more 

 

Dx

[jcbkabs]

My solicitor held that amount back and hasn’t paid the until I have out com of court

[dx100uk]

eh what

dont understand the above.

 

[dx100uk]

he cant hold that back from you

if you tell him to go look on land registry now, he'll see the restriction k has gone. removed dead.

 

dx