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AIBU?

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Original poster

Help. He's selling my house

153 replies

Seeleyboo · 13/03/2023 09:46

IKIABU posting here. But desperately seeking the most traffic. Long story in short. A charge was placed on an ex martial home. Both agreed. I have just seen the house up for sale and checked the charge, and it's been removed. I enquired with Land registry, who stated that they sent me a letter to agree or challenge. I had 28 days. I never received this letter, and I am desperately trying to get this charge put back on urgently until this matter is sorted to stop the sale. My question is. Has anyone ever challenged and won against a company when they didn't receive letters. Land registry are like a stuck record of....we sent the letter. Many thanks.

OP posts:
BlackFriday · 13/03/2023 09:48

Wow. Where would they have sent the letter to? The home that your ex is now selling?
Would your ex have intercepted and destroyed the letter?

Pseudonamed · 13/03/2023 10:36

Have they proof they sent it? For something as important as this they should have sent it registered. I would fight them and tell them you will start legal proceedings if they can not prove that you got that letter.

DustyLee123 · 13/03/2023 10:37

I’d go on the legal thread and ask.

CatJumperTwat · 13/03/2023 10:38

You need legal advice, not Mumsnet.

Fizzadora · 13/03/2023 10:40

I take it you didn't tell them your change of address?

RedHelenB · 13/03/2023 10:40

Have you divorced? What does your financial settlement say? I assume your exh us the only one named on the deeds?

Annoyingwurringnoise · 13/03/2023 10:44

You need legal advice.

Original poster
Seeleyboo · 13/03/2023 11:17

BlackFriday · 13/03/2023 09:48

Wow. Where would they have sent the letter to? The home that your ex is now selling?
Would your ex have intercepted and destroyed the letter?

No. My current address.

OP posts:
Original poster
Seeleyboo · 13/03/2023 11:18

Pseudonamed · 13/03/2023 10:36

Have they proof they sent it? For something as important as this they should have sent it registered. I would fight them and tell them you will start legal proceedings if they can not prove that you got that letter.

Onky that they posted it according to their system.

OP posts:
Original poster
Seeleyboo · 13/03/2023 11:18

Fizzadora · 13/03/2023 10:40

I take it you didn't tell them your change of address?

Yes. But not received.

OP posts:
Original poster
Seeleyboo · 13/03/2023 11:20

RedHelenB · 13/03/2023 10:40

Have you divorced? What does your financial settlement say? I assume your exh us the only one named on the deeds?

Divorced years ago. We had a legal agreement written up by solicitors that when he sold the house, we would split any equity 50.50. This would take into account the huge sum of money I put into the property. He has lied though and stated he didn't know that the charge had been put in place, and this contributed to the cancellation. I have proof he knew the charge was on the property and that he put it non voluntary.

OP posts:
FiveHundredDucksWentOutOneDay · 13/03/2023 11:27

You need legal advice. Proper legal advice.

In general, in UK law, if you can prove that you posted something, you can presume that it was received three days later.

Get a solicitor, there is far too much at stake here.

Foreversearch · 13/03/2023 11:39

@Seeleyboo this is the time paying for legal advice now is the only sensible option. You have to much to lose not to.

KarmaStar · 13/03/2023 11:42

Go and see a solicitor this morning,you have no time to lose by the sounds of it.good luck.

Winter2020 · 13/03/2023 12:48

Quote “We had a legal agreement written up by solicitors that when he sold the house, we would split any equity 50.50. This would take into account the huge sum of money I put into the property.”

Can you take copies of this document to the estate agent and via them the solicitor conveyancing the sale. Rather than stop the sale perhaps it could go ahead and you get your 50%?

Winter2020 · 13/03/2023 12:51

If you are getting your message across to the solicitor acting for the sale I’m sure they won’t go ahead until this is resolved as they wouldn’t want to be sued for not acting with due diligence and if you are waving papers in their face that say you are entitled to half the equity they would have to investigate that.

LeilaRose777 · 13/03/2023 12:58

In the first place, get in touch with the solicitor or conveyancer who is handling the sale. Tell them that you're seeking clarification/injunction to prevent the house from being sold with the present LR registration. Tell them you believe there has been fraudulent representation and that you are getting a solicitor. Send the same to the Land Registry. No conveyancer will want to handle the sale, and no buyer will touch it, and they have to be informed of title challenges/issues. That will give you a bit of breathing space to deal with the Land Registry. Send them the documentation which proves your case, probably best to get a solicitor to do it for you, it's definitely worth the money.

Portillo · 13/03/2023 13:42

I would also contact the estate agent and advise them. As well as the advice above re a solicitor and land registry etc

VegetablesFightingToReclaimTheAubergieneEmoji · 13/03/2023 13:44

I had the same and took great pleasure introducing myself to the agent. The listing was pulled, and they shit themselves as they didn’t want to be involved.

sorry your going through this.
get legal and good luck

MyDogStoodOnABee · 13/03/2023 14:13

If they required agreement or challenge to remove the charge, ask them to provide proof of your agreement.
Also go see the estate agent with your proof of charge and get them to delist there and then, it’s a tick box for them to remove on Rightmove, sign down and threaten Property Ombudsman if needed.

MyDogStoodOnABee · 13/03/2023 14:15

LeilaRose777 · 13/03/2023 12:58

In the first place, get in touch with the solicitor or conveyancer who is handling the sale. Tell them that you're seeking clarification/injunction to prevent the house from being sold with the present LR registration. Tell them you believe there has been fraudulent representation and that you are getting a solicitor. Send the same to the Land Registry. No conveyancer will want to handle the sale, and no buyer will touch it, and they have to be informed of title challenges/issues. That will give you a bit of breathing space to deal with the Land Registry. Send them the documentation which proves your case, probably best to get a solicitor to do it for you, it's definitely worth the money.

If it’s up for sale and not sold they won’t have been assigned yet.

AfraidToRun · 13/03/2023 14:18

The MoneySavingExpert forums has a specific land registry thread and someone from the Land Registry comments and responds to queries. You could try that.

DixonD · 13/03/2023 14:21

MyDogStoodOnABee · 13/03/2023 14:15

If it’s up for sale and not sold they won’t have been assigned yet.

Show quote history

Not necessarily- people often instruct in advance.

LeilaRose777 · 13/03/2023 15:31

MyDogStoodOnABee · 13/03/2023 14:15

If it’s up for sale and not sold they won’t have been assigned yet.

Show quote history

Yes I see, some people do have a conveyancer in advance, but in case they don't you're right - the estate agent should be the first port of call. They will definitely not want to handle a house with a disputed title (I speak from experience!)

Whatonearth07957 · 13/03/2023 15:53

No experience of this but if I was you I would do all of the above and apply to have the charge reinstated or a new charge applied.