Request for Guidance on Removing Erroneous Equitable Charge from Title Document

Hello,

I need guidance on removing an equitable charge that is incorrectly showing on my title document. The claim reference number mentioned in the charge was inquired about with TrustOnline Org, Manchester and Northampton courts but yielded no information as claim number mentioned cannot be located in the system. This indicates the charge was erroneously placed on the title document and should be removed.

Could anyone please advise on the steps to take for this process and proof should be collected in support of this application?

Thank you.
F Bhatti

Hello Faisal -  We cannot advise on what steps you need to take and the proof as that is something for your legal advisor to advise.  However, if you are able to give me the title number of the property I can have a look at the nature of entry and then tell you what our primary requirement would be.  

Hello Nimish,

Many thanks for your reply. Kindly find below the details:

Title number: GM975511

Entry in concern is :

2008-01-03 UNILATERAL NOTICE in respect of an interim
charging order of the Manchester County Court
dated 11 December 2007 claim number 7XY25992.
¬NOTE: Copy filed

Faisal - Thank you for the details. 

The entry on the register was made as a result of a Court Order so it cannot be considered as erroneously made by us.  As the entry on the register indicates, a copy of the Court Order is filed (retained) by us.  If you do not have a copy then you can obtain an official copy from us using a form OC2 and a fee of £7 - https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

For our requirements and procedures on removal of Unilateral Notice, please refer to our Practice Guide 19, particularly section 2.7.  With regards to the evidence to support your application, as I indicated earlier, you should seek legal advice either from a solicitor or Citizens Advice. 

I hope this is of some help. 

Many thanks Nimish, let me go over the supplied information,
Regards,

Good Morning Nimish,

Please advise if OC2 application can also be submitted and payment made online by individuals without having a need to send it in the post with £7 postal order? thank you!

Faisal - the application has to be sent by post but you can contact our Customer Support who will help arrange for payment to be made by Credit / Debit Card if you are unable to send a cheque. 
Our Customer Support contact details are on our website - https://www.gov.uk/guidance/contact-hm-land-registry

Good Morning Nimish,

I have now received paperwork in response to my OC2 form request for a copy of the court order filed and recorded. However, I only received a letter with a section of the Land Registry Deed detailing the Unilateral Notice addition. Please see attached.

My OC2 request aimed to obtain the court order that IND Limited, mentioned in the title deed, must have used to substantiate their claim. This order is missing from the document provided by the Land Registry, which only states that a claim was entered in the register.

Please see the attached email from the county court records team. They could not find the record due to its age and referred me to the Land Registry for the same.

Kindly advise on the next steps, as the Land Registry not having the certified copy of the proof used by the claimer complicates the case. This is because IND Ltd. is non-responsive for the last two years to any correspondence sent to their address.

Thank you.
Faisal Bhatti
-----------------
 

G M Faisal - we can't check/query an OC2 application via the forum. If you want to query what you applied for/what was issued then please use our Contact form to submit the specific details as appropriate
You have been sent a copy of the Notice issued at the time but if your OC2 application was for something else then the support team can investigate and hopefully resolve also

Many thanks Adam, I will submit the query through Contact Form.

Regards,

Faisal

Hi,

Reference the above communication, thank you all for your support. I received paperwork related to an equitable charge on my property. Initially, I requested information from the Land Registry but only received the registry document without the supporting claim or court order. I subsequently paid for the official claim copies and am awaiting them. To save time, I sent a Subject Access Request (SAR) to IND Limited, as indicated by HMLR, and learned that Arrow Global and then Capquest had taken over all cases. I sent SARs to all involved.

As I do not recognize this charge, I aim to have it removed from the title deed. All three entities responded to my SAR, stating they do not hold any data for me with the reference number in the Land Registry documents. All these companies responded via email. Please advise if this is an acceptable medium for a reply or if I should request a formal letter.

I am now stuck and need this charge removed to sell the property. Please advise on the steps to take to have this charge removed.

Best regards,

F Bhatti

Hi Faisal - you can apply to cancel the equitable charge using a form CN1 along with supporting evidence as appropriate to show that the charge has been paid off and discharged by the creditor, dismissed by the court or can be removed.

Hi Adam - Many thanks, kindly confirm if its CN1 or UN4? as this is regarding a Unilateral Notice..
Regards,
Faisal Bhatti

Hi Faisal - it is form UN4, apologies as I saw mention of Arrow global and thought you were referencing the later equitable charge (Agreed Notice) entry

Thank you!

Good Morning Team,

Reference the above discussion.
I submitted an OC2 application and paid £7, but only received a letter with the Unilateral Notice details and the claimant’s address, not the requested document, which is the court order in support of this claim (see official response in ANNEX-1 attached).

After being advised to use the contact form, I received generic responses and was later asked to pay £14 for two documents as according to the agent there were two relevant documents. However, again the received documents are irrelevant (see official response in ANNEX-2 attached).

Could someone please help resolve this and provide the correct document for Title Entry Reference 7XY25992, dated 2008-03-01.

Thank you for your prompt attention.
Regards,
Faisal Bhatti

G M Faisal - I'll capture your contact and refer to the support team that dealt with your enquiry and ask them to contact you as appropriate. 

Many thanks Adam, I really appreciate your help.

Regards,
Faisal Bhatti

Hi Adam,

Please help, reference all above communication. I’ve been trying to obtain the correct record from HMLR for the past two months now regarding a Charging Order 7XY25992, which, according to HMLR's response, was made by IND Ltd.

Could you review Emma’s email (attached, I replied on 3-Aug)? It mentions that no entry was found for IND. What does this mean? If there’s no supporting document for IND and it can’t be found, shouldn’t it have never been there? Can you direct me to the appropriate team who could assist?

Since the records suggest that IND is the claimant, I need all documentation related to this application made by IND, including evidence of their authority to file the claim, along with any related documents or court order references for 7XY25992 that HMLR acted upon in entering this claim into their register. I was also expecting a copy of an interim charging order from 2007 involving Fv-1 Inc. (which I requested in my reply to Emma’s email), but I have not received it yet. If IND used this document, I need the full application connecting it to their claim. There appears to be some confusion with the records that I’m trying to resolve.

Your assistance in obtaining the correct documentation would be greatly appreciated.

Best regards,
F Bhatti

Hi Faisal - the court order that refers to 7XY25992 is the one on file Emma is referring to and dated 11/12/2007
The claimant was the one she has named in her reply. You have quoted IND Ltd but that's not the detail on the court order with that reference
If you wish to query the reply then just reply to her email response