Title Deeds and charge

Re: CH174651
We are trying to sell our house with the above Title Deed however there is a charge against the property dating back to 2012 the charge was by HFC bank. This was paid in full to Restons Solicitors who then paid HFC. 
HFC bank who no longer exist but was taken over by HSBC have agreed the debt was paid in full. The only paperwork I have is from Restons saying that I overpaid. 
Anyway HSBC have applied for the charge to be removed but for some reason it hasn’t been. Our conveyancer has expedited this but still no removal and no one knows why. Our house sale depends on this and we need to remove it quickly can anyone help please Thanks In Advance 

Hi Debbie - We do have an application to remove the Charge and it has been expedited.  Because of the nature of evidence presented to us we are required to carry out some additional checks.  This are standard procedures that we have to apply in many cases.  Unless something unexpected turns up, the application should be processed as soon as possible on the next working day after 2 September. 
I hope this is of some help. 

Thanks for this information. Unfortunately it doesn’t help at all. Our buyers have only given us until Wednesday next week or they are pulling out. It’s so sad when we was unaware of the charge even being there. What additional information do you require as HSBC/HFC say they’ve done all they can. Restons say because it’s over 6 years old and paid they won’t help. We really needed this but oh well

Hi Debbie - I understand your situation.  We do not need any additional information, but in accordance with the rules that govern us we have had to serve a notice to HFC and give them until 12 noon on 2 September to object to the application, if they wish to do so.  This is part of the legal requirements. 

If there is no objection, then the recipient of the notice can consent and return the notice to us and we will complete the application after that. 

I would suggest you contact Restons and see if they can help in dealing with our correspondence.  

Hi

So from reading this my understanding is you’ve sent some kind of notice to Restons if they deal with this correspondence will it resolve any quicker? 
Also it was HSBC formerly HFC that asked for it to be removed so why would they object? 
Many thanks

Hi Debbie - Yes, if Restons deal with the correspondence then it should speed up the process. 

We serve notice of applications on interested parties in a variety of situations.  Some are set out in legislation, whilst others are discretionary and may be considered to be part and parcel of delivering correct registration.  It is not necessary that there would be an objection.  

Many thanks for relies. Spent all day yesterday onto Restons as did our solicitor. They point blank refused to have anything to do with this. Said they have no account have not been instructed by HSBC/HFC for a number of years. Any correspondence they receive they will forward to HSBC. Nightmare getting worse and worse. 
I still can’t get my head around as to why Restons where brought into this matter when they originally worked on behalf of HFC, who then got taken over by HSBC and it’s HSBC on behalf of HFC asking for the charge to be removed. Thanks Debbie

Hi Debbie - I feel for the difficulties you are having. 

The reason we have had to issue the notice to Restons is because their name and address is given on the title register as the contact for HFC Bank.  We would have no knowledge of what arrangements may have been between HFC and Restons at the time the entry was made on the title.  If there was a change after that then either Restons or HSBC should have asked for the title register to be updated.  We do have to follow what the rules that govern us require us to do. 

If Restons or HSBC do not respond to the notice by consenting to the application before the deadline, then we will have to wait for the notice period to expire.  We will look to complete the application as soon as possible after that.  

Good Morning 

The 2nd September 12 noon has been and gone and I’ve still not heard if this charge will be removed. Please have you got any ideas where I go from here. Desperate even though this has been expedited 

Regards Debbie

Hi Debbie - although the Notice refers to noon on 2nd Sept we can't complete matters until after Noon the following business day. The process required the casework team to check all contact channels for a response just in case.
The application has now been completed and the updated register is available online
CH174651