   
Dizzy
Posts: 1
Joined: 11/5/2008
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Hello Helpful Peeps
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I am new to this forum and am wondering if any of you nice, knowledgable people can help me in my predicament........sorry for the long post.
I remorgaged my house in the beginning of 2007. Unfortunately I had a previous Charging Order on my property to the amount of approx £2500 which I had forgotten all about.
The Property Lawyers acting for the Morgage company on their introduction wrote to me on 31st Janruary and at the top of the letter they state in bold type that they had been instructed by the Morgage Creators and "This means we will not be acting for you,"
They sent me 7 further letters between that date and the date of completion - 20th February 2007, none of which made any mention of the Charging Order or any request for its payment.The first time i was notified about the Charging Order was in a letter dated 1st March 2007 where the Property Lawyers wrote to me advising that they had paid the Charging Order on the property so the remorgage could be registered and requesting re-imbursement.
If I'd have been made aware of the need to pay the Charging Order prior to the completion of my remorgage, I'd have had the options to either
i) Take a higher loan to enable my to pay the C.O or
ii)Choose not proceed with the remorgage at that time.
Subsequently, i have not been in a position to pay them the full amount and the Property Lawyers have refuted any offer i have made.
I yesterday received a County Court claim form in which the Property Lawyers make a false statement.
They claim they were acting for us in our Remorgage when i have written evidence that they catagorically state they DO NOT.
They claim that they advised us that they required the sum to pay the Charging Order but we failed to provide the funds so they paid it on our behalf....which is a complete lie.They paid this charging order without my prior knowledge or consent.
I know have to sit down today and complete the Response Pack, and Im hoping (praying) some kind soul on this forum will be able to help me know where i stand.
Thank you for taking the time to read this and i'd be very grateful for any information you could provide.
Heidi xx
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