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luton2019

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

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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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We could do with some help from you.

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


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thanks Andy.

 

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

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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?


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

 

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


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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?

 

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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


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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.


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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...

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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

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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!

 

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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


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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

 

 

 

 

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