Charging Documentsgreenspun.com : LUSENET : Repossession : One Thread
I have posted regarding this before and would like advice in light of SARN info now received. A brief recap: I am disputing the outstanding balances of three secured loans (business) and therefore requested copies of agreements from bank. They have continually failed to produce them despite my serving notices under CCA and DPA. The 28 days under CCA was up a couple of weeks ago. No relevant loan agreements or charging info was provided in SARN data so I wrote requesting this and also reminding them of their obligation under CCA - still no agreements but charging docs arrived today (4 weeks late) comprising the charging documents and mortgage information, which contained little of consequence relating to the second charge they have on the property. It obviously includes the normal mortgage data and charge certificate, resulting from the original purchase of the house. The charge documentation lists the two charges, but only one legal charge deed relating to the 1st mortgage is included, which my wife and I signed when we purchased the house and clearly states the amount we borrowed to buy the property. There is no other documentation relating to the 2nd charge they appear to hold, I guess in support of the loans. We must have surely signed something to agree to the second charge noted on the certificate, but so far they have not provided it.
Our mortgage payments are up to date and therefore I guess they cannot repossess under the 1st Charge. I really need to know what documentation the bank would need to provide in order to take possession of the property under the 2nd charge? I appreciate that they can't enforce the loans until they come up with the loan agreements, but if they cannot substantiate the 2nd charge, what might I be able to do about getting it removed.
I have spoken to the land registry by telephone and once I had described the situation, they were VERY cagey indeed!! and said I would have to pursue it with the bank.
Any advice much welcomed. Ian
-- Ian (email@example.com), December 06, 2002