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Registering a Statutory Charge 14 Years Late



 
 
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Old September 18th 08, 12:59 AM
hacedion hacedion is offline
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First recorded activity at LegalBanter: Sep 2008
Posts: 2
Default Registering a Statutory Charge 14 Years Late

I need some help as the Land Registry has registered a charge against my property that they claim arose over 14 years ago.

To provide you with a brief background, on 11th August 2008, I received a B46 Notice of an Application from the Land Registry for registration of a charge under the Legal Aid Act 1988 or Access to Justice Act 1999.

I was informed that if I wish to object to the application I should do so before 12 noon on 21st August 2008. However, the Land Registry did not provide me with a copy of the application and did not disclose any details about what the charge related too and the amount of the charge that they were seeking to register. As such, it is impossible to dispute an application that one has not seen and when one does not know the amount of the charge and what the charge relates too.

I made my submissions to the Land Registry in a letter dated 19th August 2008 requesting a copy of the application so that I could dispute it as I did not owe any money to anyone with the exception of an outstanding mortgage and therefore I could only see this as being an error.
However, to my shock horror, instead of supplying me with a copy of the application, or any details about the charge, or how the charge came about, or the amount of the charge that they were seeking to register, the Land Registry have simply registered an unknown charge for an undisclosed amount against my property stating that the “objection is groundless”.

I have since made further enquiries and it has came to light, that the charge is from the Legal Services Commission who stated that I used legal aid in 1994, 14 years ago. They stated that they forgot to register the charge 14 years ago and are now seeking payment of £5,810.43 within 14 days or the matter will be sent to their debt collectors. They claim that as I became sole owner of my property through the divorce proceedings in 1994, I now owe them £5,810.43, however the solicitors I used in 1994 did not advise me that I had repay any legal aid after I was means tested and I never signed any agreement to this effect.

1. Can the land registry lawfully register a charge that is 14 years old and when they failed to supply me with a copy of the application and details about the charge?

2. Can the Legal Services Commission lawfully obtain £5,810.43, 14 years after my divorce when I was advised that I did not have to repay any legal aid back and when I did not sign any agreement to repay any legal aid?

Any help would be much appreciated.
 




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