Removing an old bank charge where lender is unresponsive

<p></p> <p>I am seeking guidance on the Land Registry process for removing a registered legal charge where the lender is no longer engaging.</p> <p>There is a legal charge registered against my jointly owned residential property in England &amp; Wales. The charge relates to a business loan taken out by my husband approximately 13 years ago. I was not the borrower, but I signed documentation at the time.</p> <p>There has been no contact, payment, or written acknowledgement in relation to this loan for over 13 years. The lender has not sent statements, demands, or correspondence during this period.</p> <p>I have contacted the bank multiple times in writing and by phone, and more than 8 weeks (now around 12 weeks) have passed without a final response. I am also referring the matter to the Financial Ombudsman Service.</p> <p>I would appreciate guidance on:</p> <ul> <li>Whether Land Registry forms such as DS1, END1, or RX3 may be applicable where a lender does not respond</li> <li>Whether an application can be made with statutory declarations / statements of truth if the lender cannot evidence or confirm the charge</li> <li>Any relevant Land Registry practice guidance on dealing with dormant or unsupported charges</li> </ul> <p></p> <p></p> <p>I understand Land Registry cannot adjudicate on disputes, but I am seeking procedural guidance on how to progress removal or challenge where the lender fails to engage.</p> <br> &#160;

Moon - form DS1 is used by the lender to discharge a registered charge; END1 is no longer available/applicable; and form RX3 is used by someone other than the lender to apply to cancel a restriction&#160;<br> Only form RX3, if the charge is protected by way of a restriction, might be applicable in the scenario you describe, namely non-response<br> Statutory declarations / statements of truth would not apply here as the evidence of the charge is on the register&#160;<br> Whilst I understand reference to dormant/unsupported the key here is the lender's non-response and if they still exist how you elicit that response/form DFS1 for example. You may have to wait for the FOS to respond/offer guidance&#160;<br> <br> <span style="font-size:11pt;"><span style="line-height:107%;"><span style="font-family:Aptos,sans-serif;"><span lang=EN-GB style="font-family:&quot;Arial&quot;,sans-serif;">Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&#160;</span><a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation" style="color:#0563c1;text-decoration:underline;"><span style="font-family:&quot;Arial&quot;,sans-serif;">consider the benefits of using a conveyancer.</span></a></span></span></span><br> &#160;

<p></p> <p>Thank you for the clarification.</p> <p></p> <p>I now understand that:</p> <p></p> <ul> <li>Form DS1 can only be lodged by the lender;</li> <li>Form RX3 is not applicable as the entries are registered charges rather than restrictions; and</li> <li>Statutory declarations are not sufficient where the charge remains on the register.</li> </ul> <p></p> <p></p> <p>The difficulty in my case is the lender’s prolonged non-response. Lloyds Bank (including its successor interests to Cheltenham &amp; Gloucester plc) has been contacted formally and a complaint has now been raised, as the bank has not provided documentation or confirmation of the status of the charges despite a significant period of inactivity.</p> <p></p> <p>I am therefore pursuing the matter directly with the lender and, if necessary, through the Financial Ombudsman Service, in order to elicit either confirmation of enforceability or the issue of a DS1.</p> <p></p> <p>I am grateful for confirmation that, in the absence of a DS1 or court order, the Land Registry is unable to cancel the registered charges.</p> <p></p> <p>Thank you for your guidance.</p> <p></p>