Lending money to a friend.

[Consumer dude]

How long does this charging order last for..

[Ganymede]

Forever essentially. Or until the property is sold and the debt repaid.

[Consumer dude]

I can't work out if I have a equitable charge on the property or a restriction one..

[Consumer dude]

I am aware that I have a few options, one being perhaps forcing the sale of the property, however I'm not really inclined to do that, (well not in the short term anyway) however this may change. Another option is to collect information about the defendants income to perhaps add to my options. Another way is to apply to HCEO, which could be dramatic and for now at least, I am still calming down to immediately consider this in the short term, but yet this may change. For now at least, I will sit on the charging order and consider carefully what to do..

[Consumer dude]

Does an application for an order that the judgement debtor attend court for questioning (form N316) affect the current charging order ?

[Ganymede]

Does an application for an order that the judgement debtor attend court for questioning (form N316) affect the current charging order ?

 

Nope. It's a good way to find out about his finances.

[Consumer dude]

What is to prevent the selling of the property without my knowledge ?

[honeybee13]

What is to prevent the selling of the property without my knowledge ?

 

I thought that was part of the point of having a charging order or restriction with the Land Registry. This isn't my speciality though, others will advise I expect.

 

HB

[Consumer dude]

I thought that was part of the point of having a charging order or restriction with the Land Registry. This isn't my speciality though, others will advise I expect.

 

HB

 

I'm sure your right, just trying to think ahead in any event of skullduggery..

[honeybee13]

Here's a link to information from the CAG, consumerdude.

 

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/#h-when-can-a-creditor-apply-for-a-charging-order-

 

HB

[determindator]

Give the HCEO a ring CD, tell them where you're at with this and you could be on your way to getting your money back sooner rather than later.

[Consumer dude]

Gr8 to hear CD! Would like to know what happened about the claim of not being his sig. So now the set aside has been dismissed, you can move on with the charging order.

 

Never did hear from the police regarding the claim it wasn't his signature..

[Consumer dude]

I often wonder if I could get a report from the police what he said about me..

[determindator]

I often wonder if I could get a report from the police what he said about me..

 

I suppose the police see it as a person who lied, and they are used to porky pies and then the person saying something like, 'I had a drink that night gov, don't remember signing anything' or 'It was difficult times for me back then, it's all a blur'. They may also suggest it's a private slander case. In the end the Judge believed you so the man made himself look like a fool, if that's any consolation.

[Consumer dude]

I suppose the police see it as a person who lied, and they are used to porky pies and then the person saying something like, 'I had a drink that night gov, don't remember signing anything' or 'It was difficult times for me back then, it's all a blur'. They may also suggest it's a private slander case. In the end the Judge believed you so the man made himself look like a fool, if that's any consolation.

 

Of course, reporting me to the police for a crime that has not been committed isn't going anywhere. I won the case anyway and I just wait for a short while and I continue with collection..

[Consumer dude]

I am thinking of serving an N316 (request for defendant to attend court for questioning) how should this form be served ?

[AndyOrch]

To apply for an Oral Examination you should get a "Request for Oral Examination" Form from the court. You will have to pay a small court fee when you return the form to the court.

 

You will need to give details of the amount of money which remains unpaid under the judgment.

 

The court will serve an Order telling your opponent to come to court - some courts prefer to send an Affidavit, (see Affidavit in Support) or Questionnaire to the opponent to complete first. When your opponent attends court he or she will be questioned by either a District Judge or an officer of the court.

 

You do not have to be present, but you can be if you wish, you can also write into the court with details of any questions you would like the court to ask your opponent.

 

Regards

 

Andy

[Consumer dude]

Can you download the form from the Internet..

[AndyOrch]

http://justclaim.co.uk/court-forms/N316-debtor-questioning.html

[Consumer dude]

I have phoned HCEO who confirmed it was £60.00 for application and £90.00 compliance fee ? which I understood to be applied if the baliffs could not enforce the vist. Am I right so far. In any event they gained access to the property but couldn't pay in full, would further interest be added for the defendant..

[Consumer dude]

To apply for an Oral Examination you should get a "Request for Oral Examination" Form from the court. You will have to pay a small court fee when you return the form to the court.

 

You will need to give details of the amount of money which remains unpaid under the judgment.

 

The court will serve an Order telling your opponent to come to court - some courts prefer to send an Affidavit, (see Affidavit in Support) or Questionnaire to the opponent to complete first. When your opponent attends court he or she will be questioned by either a District Judge or an officer of the court.

 

You do not have to be present, but you can be if you wish, you can also write into the court with details of any questions you would like the court to ask your opponent.

 

Regards

 

Andy

 

Now called application for order that debtor attend court for questionong. According to just claim,this sounds less ambiguous (or something like that)..

[Consumer dude]

I have phoned HCEO who confirmed it was £60.00 for application and £90.00 compliance fee ? which I understood to be applied if the baliffs could not enforce the vist. Am I right so far. In any event they gained access to the property but couldn't pay in full, would further interest be added for the defendant..

 

According to HCEO, a compliance fee is payable if unsucessful. Am I right in thinking then that compiance fee(s) are not charged from other enforcement compaines ?

[Ganymede]

According to HCEO, a compliance fee is payable if unsucessful. Am I right in thinking then that compiance fee(s) are not charged from other enforcement compaines ?

 

Call a couple of other companies and ask.

[caro]

And/or ask in the bailiff forum.

[Consumer dude]

A Charging Order can be registered against a property as either an Equitable Charge (one owned and one debtor) or a Restriction (more than one owner but only one debtor).

 

At a guess, I have an Equitable charge as he is the sole owner but paying a mortgage. Does this sound correct..