Land Registry Aids Sham Lender in Repossession Case

As a follow up to our previous post about Welcome Finance placing a Unilateral Charge on the property of someone who they claim owes them money, we have further news about the Land Registry refusing to remove a unilateral notice despite the fact that the law clearly states that the beneficiary of the notice (in this case Welcome Finance) MUST provide evidence of the reason why the notice was placed in the first instance.

These notices can be registered by anyone prepared to the pay the LR fee, and all they need to do is state a ‘reason’.

No actual proof of claim is needed!

The property owner then has the burden of applying to the register to have the spurious claim removed.

The Land Registry’s own guidelines state that if the beneficiary does not respond within 15 days showing proof of validity of the claim relating to the unilateral notice, then they will automatically remove it.

Sounds fair? Yes. Until you actually go through that process, as we have just done with our client Ms L.

In her case Welcome Finance provided nothing more than an email almost at close of play on the 15th day. An email (Ms L was told that she could not supply evidence by email) that merely stated that they ‘objected’ to the removal.

No proof.

No copies of signed loan agreements to back it up.

Welcome Finance have already broken the statute on the Consumer Credit Act by not providing Ms L with true copies of all original loan agreements, and within the next few days will be in criminal breach if they do not provide these.

The truth seems to be that if Welcome Finance actually had these proofs they would have supplied them to back up their claim of almost £20,000 that they are claiming the unilateral charge refers to.

The guidelines are quite clear.

In the absence of proof the Land Registry should automatically remove the charge.

The reality is quite different.

In keeping with the mentality of other agencies of this Government, the LR have refused to get involved and suggests that Ms L seeks removal of the charge by taking legal action in court.

This is a woman on relatively low income, who lives alone, who is facing imminent repossession because of the actions of a lender who cannot prove any debts are actually owed and now the Land Registry have acted as a partner in the inevitable repossession.

Even the lenders who are seeking repossession from Ms L are appalled that the LR have not removed the charge that Welcome cannot prove.

Admittedly this may be sour grapes on their part if the LR have acted differently against their own unilateral notices but it does go to show the LR have acted appallingly.

There is of course a system of redress via one Jodi Berg, the Independent Complaints Reviewer that covers the LR activity, but by the time anything is decided, Ms L will be homeless, Welcome Finance will have pocketed the £20,000 that they have no legal or moral right to, and this will be the fault of the Land Registry.

For more background on this case read here

If you are facing repossession and need our help free of charge, please contact us here


2 Responses

  1. If you have a problem with the Registar it is worth finding out if he is an `inhouse solicitor’ that is to say is he registered with the Law Society = you will be able to find that out from the legal complaints service – tel no on their website – if he has a roll number then he is bound by the solicitors code of conduct – I n particular rule 1.03 which says a solicitor must remain independent at all times – the code of conduct is available on the Solicitors Regulation Authorities webside (SRA)

  2. […] Re: Welcome Finance And this is it Land Registry Aids Sham Lender in Repossession Case Stop Repossession Org UK […]

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