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I had a charge placed against my property for 3315 in 2012

hi. I had a charge...
hi. I had a charge placed against my property for 3315 in 2012 by south west water. without informing me south west water used money from payments I made against my current bills to go towards the charge taking it down to 1509.82 as of sept 17 so approx. 1800 . I managed to get a secured loan to clear my mortgage arrears and all charges so the new loan could sit second charge . this went through after getting all relevant details from charge holders and passing them on . when I asked for this info originally they tried to tell me it was still 3315 to get as much as possible against my total arrears , only after talking to several different people there did I find out the correct amount . I still owe them a substantial amount in arrears but only the 1509.82 as a charge . the loan has been paid and all the charges and arrears paid but now they (sww) are saying they wont put the admin through clearing the debt with land registry and court certificate of satisfaction . I have agreed a payment plan and they are now saying I still owe some against the charge to get more out of me . are they allowed to do this ? if there is an opportunity to pressure them because of the way they have done this please let me know . thank you
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Answered in 45 minutes by:
10/2/2017
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 5,380
Experience: Solicitor
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Hello my name is ***** ***** I will help you with this.

On what basis wont they say its been settled?

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Customer reply replied 1 month ago
Sorry on the basis I still have large amount of arrears and they are basically saying they won't remove the charge records until more progress on the ordinary arrears built up after charge put on is made .
Customer reply replied 1 month ago
If they hadn't diverted funds without telling me I would be 1800 further along in total debt clearance because the new secured loan was to clear all charges so they could sit second charge and I thought it was 3315 which they said was ok. The new loan co. want to sit second charge so I am not sure what is happening there but loan had gone through

Do you accept you owe any more or it’s been paid off?

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Customer reply replied 1 month ago
I have paid off the charge in full as it was. Since the charge securing 3315 was placed further arrears have built up but all the charge amount has been paid

but the arrears are not related to the original debt?

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Customer reply replied 1 month ago
The charge was for water bills not paid . The arrears are for water bills . All on the same address but charge was put on separately and I was able to cover bills then I got into arrears again
Customer reply replied 1 month ago
Hi is there a problem please

Sorry I was just in Court. But the arrears for the period of question have been cleared?
Do you just have new arrear

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Customer reply replied 1 month ago
sorry , the charge amount was given a separate account / payment ref number . I contacted them asked what was left o it to pay , gave the details to the secured loan co. who wanted to sit second charge and they cleared it. They had put 1800 towards it out of my ordinary water bill payments after the charge was put in place without asking me
Customer reply replied 1 month ago
Just the new arrears left

ok. Then they can’t refuse to remove the charge for the old arrears. This is because judgment was given in the old arrears, not New. So that means you can apply to set aside the charging order.

You need to complete form n244

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

The court will list the matter and decide whether or not to set the charge aside. But based on what you have said, it should be.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

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Customer reply replied 1 month ago
Thanks I will. What do I out on the claim form

You want to have the final order discharged.

Does that help?

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Customer reply replied 1 month ago
What do I put as amount claimed and claim number please ?

You are not claiming any amount. Its an application you are making using form N244

Does that clarify?

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Customer reply replied 1 month ago
The link you sent goes to a claim form that asks for claimant defendant amount

I will try again:

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

Does that clarify?

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Customer reply replied 1 month ago
thank you . Is thete a fee for this form? Who do I make cheques out to for this one and an application for certificate of satisfaction please then I will rate 5 star thanks

£255. HMCTS

Does that clarify?

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