Second Charge Not Executedgreenspun.com : LUSENET : Repossession : One Thread
We have put bank on proof of debt because we dispute an outstanding balance.
A second charge has been registered on our property, but we cannot recall signing it. Bank insist we did sign it, yet despite SARNing them under the DPA and their obligations under the CCA they cannot locate the charge certificate, nor have they been able to provide loan documentation nor full statements of account. I therefore obtained copy of the charge from the Land Registry, only to find it has not been executed, ie. not signed nor witnessed. LR admit unusual, but confirm they do not have a copy of the executed charge and therefore it must be a "true" certified copy of the charge, before it was executed. The application was included with the unsigned charge and the appropriate fee. The LR say that they should have notified the bank before registering the charge that the docs were incorrect/incomplete, but that it would appear that in this instance this was not done.
LR say I can apply to have the charge removed, but require the banks authority, which clearly they will not give, otherwise I must prove we did not sign it.
1. How can I prove we did not sign a charge, that apparently does not exist (other than an unsigned copy)?
2. As the LR admit they "appear" to have registered the charge without sight of the executed document, surely it is invalid and should be removed, pending the bank producing the executed charge?
3. Surely the onus is now on the LR to sort this out and on the bank to prove it has an executed charge, rather than we to prove they don't?
Our solicitors are finding it difficult to beleive that the LR did not have sight of the executed charge and therefore seem to be of the opinion we must have signed it, but we truly do not recall signing anything. Unfortunately they seem reluctant to challenge the registry.
Any advice welcome.
-- Ian (firstname.lastname@example.org), February 08, 2003
A very similar situation arose with my situation. A document which I purportedly signed ageeing to a voluntary repossession has never been produced by my Lender. The key factor is that on the date it is supposed to have been signed, I was thousands of miles away in another country. Despite this, and the fact I had unequivocal proof of my whereabouts, my solictors refused to challenge it.
-- Too scared to say (email@example.com), February 08, 2003.