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Posted Sun, 04 Jun 2023 13:26:58 GMT by Anthony Drennan
We are in the latter stages of remortgaging our property with the aim of raising funds for urgent repairs for it. 

Our conveyancer has informed us that there is a restriction detailed within the title register for an interim charging order from 2014 from a company which no longer can be located as it appears they have been acquired by a larger organisation also in 2014. The conveyancer has stated the following...

"Please note that before we can proceed to completion of the remortgage it is necessary that you arrange to have this removed from your title and suggest that you contact Swansea Civil Justice Centre in the first instance to ascertain the position in terms of whether this entry should have been removed already. If you are unsure as to the reason for this entry being on this title, or are unable to locate contact information for the company mentioned above, please seek advice from the insolvency service/citizens advice bureau."

I am going to visit the Civil Justice Centre to try to speak with someone to ask the question mentioned above and have already tried to obtain advice from my local CAB but unfortunately not much insight was gleaned from the discussion. If there is an outstanding debt which caused the interim charging order to be placed on the register then I am willing to pay and clear it but until I can establish an amount together with the name of the creditor who acquired the original company I have no idea of what to do or who to speak to next.

I have been trying to find a local solicitor to consult with and will do so this week but a colleague suggested I should ask the question directly to HM Land registry to establish my best and quickest course of action. I was unsure as to whether I should provide the title reference in this post?  Any advice, help or point in the best direction would be hugely appreciated. Thank you.
Posted Mon, 05 Jun 2023 06:35:19 GMT by Adam Hookway
Anthony - the advice you have seems sound and there's rarely anything we can add to it as we register the interest (the charging order) when applied for and remove it as and when appropriate
Whilst we would have a copy of the actual order we would not know what amount was now owed or who the creditor is if they transferred the debt for example.
So I'd do as suggested and work out from there. We either need the creditor to provide evidence to confirm it's been paid off/discharged - form DS1 is usually used to confirm that.
If the creditor has changed you'll need supporting evidence to confirm that inc ownership of the debt. But if all that fails then you'll probably need to go back to court with evidence to get the order dismissed.
Form RX3 is the application form used to cancel a restriction

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