Remove a Legal Charge


An application for registration of a discharge on Form DS1 must be made in Form AP1 or Form DS2 and an application for registration of a discharge on Form DS3 shall be submitted in Form AP1. In general, any load specific stress entry you are offloading is automatically removed when the load is unloaded. However, if a restriction in favour of the creditor does not explicitly refer to the fee due, a separate withdrawal of that restriction must be submitted in Form RX4 together with the request for registration of the release. If Form RX4 is not filed, the restriction remains in the registry. At this point, the e-DS1 service is designed for corporate lenders and their agents only. The e-DS1 can be accessed via the portal. Once a user completes the portal registration process, they have role-based access, which provides security and eliminates the need for a loan originator signature. Role-based access detects the user and does not ask for details about their organization. This ensures that the user can only charge a fee for the benefit of the organization they represent.

Next, take a look at the “negative information” or “public documents” section. Here you will find all the negative elements that can reduce your credit score, such as bankruptcies, foreclosures, debits, late payments or withdrawals. Negative information, including fees, can remain in your credit history for up to seven years. However, it may be possible to remove a charge from your loan sooner so you can start rebuilding your credit score. Although we no longer record such indications, references to filing entries still appear in some registers. When they appear, they become effective to notify the deposit and act as a warning of transactions. This position will remain unchanged despite the abolition of land and tax certificates under the Land Registry Act 2002. Some suppression laws allow you to apply to the court for deletion almost immediately after the case is closed, for example, if the charges are all dismissed. Others require waiting periods, such as a certain number of years or after serving a sentence (including the final expiry of a probation period or supervision or probation after release). Each Act listed in the table above describes the waiting period or conditions that must be met before a request for deletion is made under that Act.

If you have questions about the waiting period or your eligibility under a particular law, you should seek legal advice. For some charges and convictions, more than one exclusion law may apply. However, the advantages and disadvantages of petitions under one statute over another have different advantages. For example, if you benefit from punctuation under certain laws, this expiry prevents you from obtaining future expungement under other laws. Other exclusion laws do not impose this block and may therefore be a better choice for filing your petition. If you think you are eligible for deletion under more than one law, you should consult a lawyer for advice and support. We may not be able to cancel bookings immediately. For example, a claim against the title in question could be pending. This should be completed before the load entries can be cancelled. In this case, we accept electronic release, but fee entries will not be cancelled until the previous application has been completed. Lenders will tell you if this situation occurs.

If requests are made to satisfy registered fees and register other orders at the same time, and there is a restriction in the registry in favour of the existing lender that prevents the registration of those orders, we will require either proof of compliance with the relevant fees or proof that the conditions of the restriction have been met. If this condition is not met, we will cancel not only the request for dismissal, but also the applications for registration of orders covered by the restriction, in accordance with Rule 16(2) of the 2003 Cadastral Code. For example, if requests to enforce a registered fee are made and a transfer and fees are registered, we will cancel the requests to register the transfer and fees, as well as the request for fee waiver. However, if the restriction only prevents the registration of a fee, we will complete the registration of the transfer, but cancel the request to register the new fee. For some failures, the judge will hold a hearing to determine if you have “good character.” For other types of breaches, such as removing dismissed charges, the judge may decide without a hearing based on a review of your records. The court clerk can tell you the local procedures to follow to set a hearing date. The last 2 methods are now set out in the Building Societies (prescribed forms of receipts) Rules 1997 and apply strictly only to confirmed receipts.