Jump to content

 

BankFodder BankFodder


luton2019

Got a successful CCJ against someone - now want to make the Interim Charging Order full - help!

Recommended Posts

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.

Share this post


Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

is his property jointly owned and this is his debt only do you know?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

thanks Andy.

 

Jointly owned (husband and wife) and his only debt as checked on the Land registry previously when making the Interim order.

Share this post


Link to post
Share on other sites

then it would surely only be a restriction k you get anyway.

and they are sadly useless

the only thing that has to happen is they have to tell you after the home has sold

rarely does a restriction k mean you'll ever get any money.

 

there are other more fruitful ways to get your money I know

but andyorch will point those out..i forget their names now?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Third Party Debt Order...but you need his account details.

 

Attachment of Earnings.....assuming hes working ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?

 

Share this post


Link to post
Share on other sites

Well given that you already have your Interim...best to proceed and get the full Charge in place. Restriction Ks can be as powerful as a full charging order providing the Notice is worded correctly .

 

Information on Restrictions/Notices.

 

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yes ...thats what the court advised you to do..as per your first post...then refer to the links in my post#2 with regards to informing the LR.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Correct


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

:thumb:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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!

 

Share this post


Link to post
Share on other sites

RX1 for the appropriate form K
restriction, please ensure that option E is selected in panel 8 of
form RX1,

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/812248/RX1__2019-07-01_.doc


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

 

 

 

 

Share this post


Link to post
Share on other sites

Correct


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?  

Share this post


Link to post
Share on other sites

It should be a formality but check with the county court if they wish you be in attendance.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?

 

Share this post


Link to post
Share on other sites

Good of the judge to say “all the more reason to move quick and get the full charging order in place...”

They aren’t supposed to offer advice as a neutral party, but they clearly felt that the advice was appropriate.


 

providing you got the restriction you mentioned of

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”

 
 

if the defendant (judgment debtor, now) tries the “oh, you’d have your money if I’d have sold, but now I can’t sell” route:

You can say “I’m happy to give my consent for the sale, on receipt of an undertaking from your solicitor / licensed conveyancer to release the charging order sum to me ahead of any other payment other than a preceding charge ....”

 

The undertaking (if given) means that the solicitor/ licensed conveyancer will comply, or

a) be open to professional conduct proceedings, and

b) you could sue them for your loss!

 

No undertaking : no consent from you at the Land Registry.

 

However, the form K restriction (usually used where the legal interest is held jointly, as you have noted is the case here) is usually : “no disposition of the property “is to be registered without a certificate … that written notice of the disposition was given” to the creditor with the benefit of the charging order.” (As dx has noted at post 5).

 

https://www.stevens-bolton.com/site/insights/articles/charging-orders-a-false-sense-of-security

 

interesting that (with a K restriction!) that firm advise making part of the order 14 days prior notice! I’d not seen that before.

 

Some conveyancers will believe (with a form K) you have to give consent with this, but actually all they need do is notify you at sale. The benefit is if it puts the buyers / buyers’ conveyancer off....... potentially giving you some leverage......
 

 

 

 

Edited by BazzaS

Share this post


Link to post
Share on other sites

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? 

 

Share this post


Link to post
Share on other sites

The court informs the lR.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...