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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Hearing to enforce Tomlin Order over Land dispute


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I attended a hearing where the above was issued and the defendant failed to comply with it

I phoned the court and they said I had to submit a form but did not know which

Does anybody know which form should be lodged with the court

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Thread moved to Legal forum where the guys will be happy to help as soon as they are available.

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Hmm - I'm not sure of the process here - but what I would do is to contact the land registry and register a notice on the land in order to prevent it being sold off while you are working out how to enforce the judgment.

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You can ask the court to charge the person’s or company’s land or property.

 

To do this, fill in a charging order.

 

If the land or property is sold, they must pay this charge before they get their money.

 

:- https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

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Before I can register a claim on the land I need to respond to the N24 Judgement order and I don't know what form to use in order to do that.

I don't want the land but I do want my money back that I paid for it.

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Its all in the link I provided in post#7 how to execute your judgment.

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Regarding N24 general form of Judgement or order. As far as I am aware I do not have judgement yet, I need to

respond to the court with a form so that judgement can be obtained. I did find the link that showed how to enforce a judgement but my question relates to the step before that.

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Hi alanls

 

Perhaps if you type out (verbatim) exactly what the N24 states...we may be able to offer further advice.

 

 

Andy

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The defendant will complete the transfer of piece of land at named location under H M registry title

xxxxxxxxx by 15th November 2012. The claimant is not required to pay any further consideration to the defendant for the land save that the claimant will pay to the defendant his reasonable costs of transferring the land which must not exceed £500 inc VAT. The claimant being responsible for registering the title with HM Land Registry.

The defendant did not instruct the land owners solicitors, there has been no communication whatsoever. The date of the order has expired therefore I need to respond to the N24

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The only Directive I can see that applies to yourself is to " The claimant being responsible for registering the title with HM Land Registry."

The defendant I assume has failed to transfer so you as Claimant must now seek judgment...this is requested using an application N244....once you have judgment then you can then seek a charging Order over the land as security.

 

Andy

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Thank you for the information regarding the N244. Question 10 on the form asks what information will I be relying upon to support my application. 1. attached witness statement. 2. The statement of case or 3. the evidence set out in box below. My case is that the N24 has not been complied with so I intend to state my claim but do not know whether to use option 2 or 3

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I would use section 3...less work and you have the N24 ....along the lines " the Defendant has failed to transfer the land as per Order dated xxxxxxx by the said date of xxxxxxx.It is therefore requested that Judgment be granted along with permission with view to seek security by way of a Charging Order"

 

What an application notice must include

CPR23.6

 

An application notice must state –

(a) what order the applicant is seeking; and

(b) briefly, why the applicant is seeking the order.

(Part 22 requires an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in his application notice as evidence)

 

Also read :- http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40

 

Regards

 

Andy

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Afraid so ........hence the phrase " File and serve "

 

Notice of an application

CPR 23.4

 

(1) The general rule is that a copy of the application notice must be served on each respondent.

(2) An application may be made without serving a copy of the application notice if this is permitted by –

(a) a rule;

(b) a practice direction; or

© a court order.

(Rule 23.7 deals with service of a copy of the application notice)

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£45 without an hearing £80 with...I would assume you would not need an hearing.....responding to a General Order

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  • 2 weeks later...

I attended a court hearing where the outcome was that a N24 was issued whereby

the defendant was supposed to transfer land to myself. The defendant did

not comply with the order. I ussued a N244 asking for judgement. The

court has allocated a date for a hearing to discuss judgement.

I would like to know if this is a re-run of the case or just a matter

of discussing the N244 claim. Subsequently I have been contacted by somebody

who also bought land and did not get title to it. He has offered to send a

witness statement to the court which also includes information stating that

the defendant is being investigated by the Police. Should I get the other

person to send a witness statement to the court or is it too late.

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Two threads merged and tidied.

 

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If it has become a Police matter then yes it is applicable to your case...however bear in mind your case is civil and that would be criminal.With regards to the hearing it would be advisable to attend.

 

Regards

 

Andy

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My court hearing was postponed as the Judge said I should seek legal advice. The hearing was

in response to a N24 order not being complied with. I issued a N244 and requested judgement.

It seems I may have used the wrong form, can anybody advise.

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The only other form apart from the N244 to request judgment is N225 :- http://wbus.westlaw.co.uk/forms/pdf/cpf00172.pdf

 

Regards

 

Andy

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