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luton2019

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  1. Hey Guy's - can I double check now the charging order has been made final by the court - do I need to send a copy of this / any form to fill in - to the Land Registry?
  2. Thanks Andy. So we went to court, and Judge finalised the charging order and said a order would be sent out confirming. The defendant did not turn up, but had written a letter trying to stop stating that there house was 'under offer' and once sold we will receive the money. The judge said all the more reason to move quick and get the full charging order in place... What happens now - do we have to notify the Land Registry once we receive the court letter?
  3. We have had a letter from the court saying the full charging order is going to be heard on x date and 5 minutes have been allowed for this case. It doesn't mention we have to attend / or the defendant? Do we have to attend or is it behind closed doors as such and a formality?
  4. Thank you. They then direct me to Option 12 to complete; Do i have to write anything in particular or simply; Nature of applicants interest. As per interim charging order granted at xxx county court by judge xxx on xxxx 2019 for the count court judgement dated xxxx and reference xxxx Details of how the applicant's interest arose. County court judgement reference xxxx and dated xxxx
  5. so had another letter from land registry and they are saying i have entered incorrectly? Panel 9 of form RX1 now refers to a consent restriction in standard form N. We advised in our letter dated 6 August 2019 that the appropriate restriction in respect of a charging order is form K. To allow the entry of a form N consent restriction in respect of a charging order against the beneficial interest of one of joint proprietors, would allow the beneficiary a right they are not entitled to and could result, in practice, in frustrating the clear intention of section 42(1)(b) and 44(1) Land Registration Act 2002 and sections 2 and27 Law of Property Act 1925 that overreaching should take place. Please therefore lodge a fresh form RX1 for the appropriate form K restriction, please ensure that option E is selected in panel 8 of form RX1, as you do not appear to have the written consent of all the registered proprietors to the entry of the restriction. what have i done wrong!
  6. does this sound correct; No disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by xxxx OUR NAME or their personal representatives xxxx OUR ADDRESS
  7. I have had the form sent back by the land registry - ' your application in form RX1 does not contain in panel 9 thereof the wording of any standard restriction' . i'm a bit lost here now - as i had made a statement stating the interim order was made and the name and address to whom it was served on and the original county court judgement date and number? What should I have wrote - i'm looking around online but stuck...
  8. thank you, the information is really helpful. So onto the Land Registry - is this the correct form https://www.gov.uk/government/publications/enter-a-restriction-registration-rx1 sorry there are so many....
  9. thanks - so if i have this correct i complete this form https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688525/n215-eng.pdf and also a statement of account to both the court and the debtor?
  10. no he's not working, and as far as i can gather he has no money as such apart from what's in the property?
  11. thanks Andy. Jointly owned (husband and wife) and his only debt as checked on the Land registry previously when making the Interim order.
  12. Hello Guy's could really do with some help and advise. We had issued a CCJ against someone who owed us money, and won. Payments not kept upto date so applied for and was granted a interim charging order. This is now where i'm stuck... - do i let the Land registry know and which form to fill in? - the court has instructed us to comply with CPR 73.7(2) by filing in a certificate of service and a statement of the amount due under judgement - is there a particular form to complete for this? i have looked around and worried i don't do correct and the final charging order is thrown out. thanks in advance.
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