How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We have final charging order against a person for £41,000 +

Customer Question

We have final charging order against a person for £41,000 + Interest -dated 27/07/2009
The charging order is on a piece of agricutural land (1.5 acres)
The land value is approximately £5 > 10,000
The person who owes the money has left the country and now resides in Thailand
Can we enforce an order for sale or have the land registered in our name
The charge is registered with land reistry in our name
Regards
Trevor Davis
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you currently have an order for sale please?
Customer: replied 3 years ago.
Relist: Other.
from your web site we understood the advisor was a barristor
not a solicitor ?
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

I see you have relisted this - I deal with charges all the time. I assume the property is still in the debtors name and has not been disposed of?

Customer: replied 3 years ago.

No - AS STATED ABOVE IN MY QUESTION

Expert:  Ash replied 3 years ago.
I just needed to make sure and clarify. Do you know his address in Thailand please?
Customer: replied 3 years ago.

No - WE DO NOT KNOW HIS ADDRESS OTHERWISE I WOULD KNOW HOW TO PURSUE HIM FOR THE MONEY

Expert:  Ash replied 3 years ago.
I need to ask because what I am about to say is in accordance with the Court rules. The answer is yes, you can apply for what is called an order for sale.

However because he has left the Court rules say about service of documents at CPR 6.9:

Usual or last known residence. Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

That is why I needed to ask if you knew the address as you need to have made 'reasonable steps' to trace.

You need to complete form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf and serve at the last known address. You need to file an affidavit prior to the hearing stating details of the charge, balances, copy of the land registry document etc.

The defendant must
(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and
(b) serve the acknowledgment of service on the claimant and any other party.

(2) The acknowledgment of service must state –
(a) whether the defendant contests the claim; and
(b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

Transferring to the debtor’s local court

There is not provision for a transfer. An application court be made under CPR Part 30 Rule 30.3(2)(b), which would give the District Judge discretion to agree to transfer the case on the grounds of fairness or convenience to the debtor.

It is vital that all preparation for the hearing has been carried out, check the Affidavit to ensure that the correct details of the Charging Order have been recorded together with outstanding balances, the value of the property and all the information required under PD73.4.3 has been provided. Anyone with a legal or equitable interest in the property has a right to be present, to be represented and to be heard. If there are divorce proceedings then ensure that the solicitor involved in the divorce has been referred to interventionist action can be taken.

The Hearing

At the hearing the court may do one of four things:

- Grant the order for sale
- Adjourn the case on terms
- Make a suspended order on terms
- Dismiss the application

Can I clarify anything for you about this today please?

Customer: replied 3 years ago.
Relist: Other.
IF I HAD KNOWN HIS ADDRESS I WOULD HVE STATED IN MY QUESTION
Expert:  Ash replied 3 years ago.
Yes I understand this. What I am saying is that the rule states that you are required to serve at the 'Last known address' after making reasonable enquries.

If you have made all reasonable enquiries you can serve at the last known UK address that you have and follow the above procedure.

So although he is in Thailand if you do not know where and have made reasonable enquries you can serve documents at this last known UK address, even though he is not there.

Then you can take the steps I have outlined above and follow the process. Alex

Expert:  Ash replied 3 years ago.
Does this answer your question? Do you need me to clarify any steps about the above please or the rules regarding service at the last known address? Alex



What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions