HELP! Removal of Equitable Charge

Hello. 
Please help me. I am in the last stage of re-mortgaging and the new lender has asked for - 

• Equitable charge on the property dated 16/02/2016, please provide redemption as this will need to be removed.

I don't know what to do to be honest. The only equitable charge I know of (hope there isn't another) was removed on September 2021! The solicitors dealing with it were Mortimer Clarke and confirmed by two letters - 1 that the debt had been settled, 2 was confirming that the equitable charge had been removed. I still have the letters from them (I have attached the removal one (I couldn't attached both, it won't let me). I truly believed it had been removed.

How do I do this?! Is there some I can call and what proof can I give them that it has been removed?! The re-mortgage will not go ahead without it!

Please help me. Kind regards
Jackie Price

Hello Jacqueline - we've never received an application to remove the equitable charge so I'm unsure as to what the conveyancer is referring to re confirmation etc
We would require a completed form CN1 and supporting evidence, usually a form DS1 completed by the creditor, to cancel the equitable charge
Once submitted you should then request expedition - Request an expedite - GOV.UK
NK345279

Hi Adam,

Thank you so much for getting back to me. I'm stumped too. 
So there is still a charge against the property still? Is it possible to tell me by who and when, do you know?
Thank again Adam,
Jackie 

Hi Adam,

Sorry to get back to you so soon. I have some news.

I contacted Mortimer Clarke about the charge, after a they searched their records it was confirmed they didn't request it to be removed. They did say that tomorrow they would be contacting the land registry to have it removed. 
I asked them to please do it as a matter of urgency, they said they would. Though I have no way of knowing if it is done.

Many thanks,
Jackie

Hi Jackie - no apology needed
Well done for getting things moving - you can use our free Property Alert service and register your details. You'll get an alert when they submit their application Property Alert - GOV.UK

Hi Adam,

Thank you so, so much for all your help. You've been a godsend, your a Star!

I'll do what you suggest and let you know how it goes/happens.

Thank again and again!
Jackie x

Hi Adam,
Sorry, but it's me again.
I am so upset. I have called them about a month ago again and them saying that they had request the removal. I'm ticking along thinking its all good.
New lender's all approved for RIO mortgage etc, due for completion by start of June. Then the lender's solicitors informs me today that there is still a charge against the property! I did get a property alert that the lenders had searched.
In my ignorance I thought they had removed it. How can I get Mortimer Clarke to actually do it and is it true that there is still a charge against the property?
When I call them again what can I do to make them actually do it; how quick would it be removed if and when they do it?
I have no time to sell as current mortgage lenders want it done by asap as my time is up. I am going to be homeless, lose my my home! I was due to retire at the start of the year but have deferred for another year or two to be a little comfortable in my retirement.
I'm so sorry to ramble, I'm just upset. It's my fault for trusting people. Is there anything I can kind of force them into do it doing it?
Thank you,
Jackie

Hi Jacqueline - so sorry to read that you are still having issues. The equitable charge is still on the register and no application as yet to remove it.
You'll need to escalate it within the firm itself; try social media posts if they use X for example or go back to court and get the court to dismiss the charge - it's not something we are directly involved with as we do the usually simple bit of updating the register once the debt has been redeemed
The only other thought is that you could try Money Saving Expert forum where there is a thread called Charging Order - the myth. I appreciate that might seem an odd referral from me but the person who manages that thread (eggbox) can be a very useful resource re such matters and may have some ideas re the specific firm and your approach
Home - MoneySavingExpert Forum
 

Morning Adam,
Thank you so much for replying so soon. Your advise is great.
I am actually just about to call them again (waiting for them to open). I am going to push back hard today, to complain to Legal Ombudsman etc. I don't know if it will have much effect on them to be honest.
If by some miracle they did it today as a matter of urgency could it be mark as removed in the same day?

Thank you,
Jackie

Jackie - I can't make any promises but if they did submit the application then we would do our upmost to process it asap. Everything though hinges on it being submitted obviously and then of course being in order.
Let's tackle each hurdle one at a time and just let me know once submitted 

Thank you Adam. I will do that and keep you posted. 
Guess what I've tried to call them a few times this morning (and still trying)..the line says we have 'technical problems'! If I was paranoid I'd think they are blocking my number. :-)

Jacqueline - do take a look at the MSE site forum and search Mortimer Clarke - you will find some common threads to your own that might offer some ideas re next steps

Hi Adam,

Well I have finally got through to them just now (13 attempts). I said it was a matter of urgency and to expedite it today. 
I went through all the dates I have called them. She confirmed I called and said the call I made on the 10th Mar they did send to land registry to remove the charge (Hmmm Ok). She then said she would contact their Legal dept now to get it done again and they/or she will email me when it was done; and she will call me back today.
I like to live in hope, but I'm not holding my breath on it.

Hi Adam,
Thank you for the advice about MSE forum. I went through it and other info sites; but there was nothing about getting them to remove it when it has been paid. I have tried other sites too.

I called MC again today. So I got a bit of news from the call handler. She said that MC had sent a request to remove the charge to yourselves on 28th May (yesterday). Great, so going to miss the deadline for completion!
I know it's cheeky of me, but can/could you keep a look out for it at all?

Thank you,
Jackie

Hi Jackie - well done for pursuing it although their application has yet to arrive with us. I suspect they have posted it so there can be a delay between when they say they sent it and when we receive it
Will make a note to check again Mon/Tues as well to see if received and flag it with casework colleagues re urgency also
NK345279

Morning Adam,

Thank you, thank you, thank you for doing this for me!
You are probably right, they've posted it by slowest mail possible (if they have, i don't trusted them tbh). I'm just a tad cynical with them.
Hopefully you see something soon. In the meanwhile I'll try and stay positive.
Have a wonderful weekend Adam.
Thank you, Jackie

Morning Jackie - still nothing received at our end. 
NK345279

Hi Adam,
I had a feeling that would be the case. I've had no letter either!
I'll see what occurs tomorrow, if nothing then I'm on their case again! I'm so sorry for annoying you too.

Thank you,
Jackie

Hi Jackie - you are far from annoying and fingers crossed it's just a slow post issue and nothing more
Will check again in the morning for you
NK345279

I couldn't wait for tomorrow, so I called MC. OMG, the guy said letters were generated but not sent out!! Apparently they are waiting for someone to sign them...what?! So whoever I spoke to on last Thursday actually lied.
Once this person/persons do sign them, they will send it electronically to land registry! Apparently he understands my frustration and there are a lot of people in my situation. Really?! I don't actually think so!

Thank you Adam for patience with me. I am calling them again tomorrow until they do it.
Thanks again,
Jackie