Entry of unilateral Notice - B133

by toolapcblack Tue Mar 26, 2019 6:08 pm

Hi All,
so got this letter from the land registry claiming someone namely 'the water con company' have an interest in my property ...any ideas on how to get this removed? or am i shafted?
I've had no dealings with the water company for many years as all their post gets returned "Unclaimed recorded for fraud return to sender"

thanks

by **LionsShare** Tue Mar 26, 2019 9:04 pm

becareful they may be after your house car etc for a non existant debt.

have just put in an SAR to utility co for proof of debt. the sar might have "teeth" in legally prohibiting them going on until sar is satisfied

they are trying to steal property by nafareous means. this has been commentated in raconteurs news

by **LionsShare** Tue Mar 26, 2019 9:07 pm

possible saber rattling

https://www.propertyblawg.com/conveyancing/unilateral-notice-in-property-law-what-is-it-and-when-does-it-apply/

The Implications of a Unilateral Notice

However, unilateral notices have a very minimal effect; this is because the unilateral charge on the charges register protects only the most important interest in any property which is ranked by the most important being first registered as a notice.

Thus, it is determined by the date at which the notice is registered. For example, if a notice is entered one day prior to another notice, this first notice has priority, regardless of any value or monetary difference between the two interests.

It is important to note that although a unilateral interest flags up the existence of the third party interest, it does not mean that this interest is either valid or still in existence.

Removal of a Unilateral Notice

Although these notices are relatively easy to enter on the charges register by an individual, these unilateral notices are also simple to remove. The removal of a unilateral notice from the charges register of a property can be done by either cancellation or removal. The only difference between removal and cancellation is the person who applies and which form is used by the individual.

Cancellation of a unilateral notice is when the owner of the estate of which the unilateral charge is registered against applies to the Land Registry for the notice to be cancelled. This is a completely free process and can be done through the use of the form UN4 to apply for cancellation. When the Land Registry receives the UN4 form, it notifies the individual who is making the claim. This beneficiary is then given fifteen working days to respond to the application, if they would like to object to it. If there is no response within the cancellation period, the notice is cancelled. If there is an objection for removal of the notice, and the parties are unable to reach a mutual agreement, the Adjudicator of the Land Registry is referred for these cases.

by toolapcblack Wed Mar 27, 2019 9:26 am

many thanks LionsShare, so just send them a SAR with the line
"proof of debt; a freely signed contract agreeing for you to provide me with goods or a service"
added?
cheers

by flyingfish Wed Mar 27, 2019 1:04 pm

Just wondering if this may be a ploy. Suppose they don't have you identified, as any correspondence has been returned without response, so all they know is that they've been supplying to "someone" at a given address. Are they hoping that you'll apply to cancel the notice and in doing so identify yourself?

This doesn't make complete sense, as if they're going after the proprietor of the property (rather than the occupier) they could get these details from the Land Registry anyway.

by toolapcblack Wed Mar 27, 2019 1:40 pm

thanks Flyingfish
not sure as i did pay the water up for the first 5 or so years been here around 15 so i would imagine they know as they still send all correspondence to my name

by **Lopsum** Wed Mar 27, 2019 7:25 pm

if you sent it back not claimed recorded for fraud, it is not saying the name is not recognized.you have been saying "yes that me but im just not claiming it"
you have not rebutted the name.

by **LionsShare** Wed Mar 27, 2019 8:42 pm

toolapcblack wrote: so just send them a SAR with the line
"proof of debt; a freely signed contract agreeing for you to provide me with goods or a service"
added?

No, as endorsed & sent back its paid. Simply ~~asking~~ demanding after sending correspondence & getting nothing back - now show me the debt feker!

These b'stards are suppose to obey statutes/acts, i think i remember reading in DPA 2018 a claim cannot proceed until the SAR is satisified. May have it wrong though.

lets wait & see!

by toolapcblack Thu Mar 28, 2019 6:17 pm

should i state on the UN$ form that its endorsed and paid or on the SAR?
Thanks

by **LionsShare** Thu Mar 28, 2019 8:36 pm

remember the SAR is to water in your case, the un form goes to land reg.

you may need to ask land reg for deatails on what the interest in the charge is? & then sar water with said details to clarify what the greedy b'stards mean.

please read PM

by **LionsShare** Fri Mar 29, 2019 3:46 pm

you may need to research what a "unilateral notice" is & what implications it can have/be. Others might think it gives them some sort of entitlment of ? over ? for something they do NOT own or have title to.

by **LionsShare** Fri Mar 29, 2019 4:04 pm

LionsShare wrote:
toolapcblack wrote: so just send them a SAR with the line
"proof of debt; a freely signed contract agreeing for you to provide me with goods or a service"
added?
No, as endorsed & sent back its paid. Simply ~~asking~~ demanding after sending correspondence & getting nothing back - now show me the debt feker!

These b'stards are suppose to obey statutes/acts, i think i remember reading in DPA 2018 a claim cannot proceed until the SAR is satisified. May have it wrong though.

lets wait & see!

toolapcblack i should have made things clearer, here I meant no to the "a freely signed contract agreeing for you to provide me with goods or a service", after saying "as endorsed & sent back its paid" then there is no contract & by endorsing the credit slip, its paid.

by toolapcblack Tue Apr 09, 2019 2:16 pm

update on this
sent off a SAR and filled in the UN4 form to remove this interest/charge.

i have also found out that they have put another charge on my house last year which i was totally unaware of this one (may have been when i was just putting everything back in the post box as "Unclaimed R F F")

by **LionsShare** Tue Apr 09, 2019 2:54 pm

toolapcblack wrote:i have also found out that they have put another charge on my house last year which i was totally unaware of this one (may have been when i was just putting everything back in the post box as "Unclaimed R F F")

was this in relation to utilities?

by toolapcblack Wed Apr 10, 2019 5:05 pm

yes same utility (water)
i have added that to the UN4 form for removal.
i sent a SAR to them when i get the details back I wonder which is the best way to go
1 ask them for a proper bill as they never send one out
2 ask for a joint giro credit slip when they send a bank giro one
3 or just put the account in dispute and put the burden of proof on them to prove i owe them something

by **LionsShare** Wed Apr 10, 2019 9:20 pm

toolapcblack wrote:yes same utility (water)
i have added that to the UN4 form for removal.
i sent a SAR to them when i get the details back I wonder which is the best way to go
1 ask them for a proper bill as they never send one out
2 ask for a joint giro credit slip when they send a bank giro one
3 or just put the account in dispute and put the burden of proof on them to prove i owe them something

Spot do all 3.

By asking for a proper bill (1) with joint giro (2) you are able to show your RECORD OF THE PARTIES, very important, this could create (3) a sort of dispute.

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