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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have pursued my neighbours via the small claims court and

Resolved Question:

I have pursued my neighbours via the small claims court and following a protracted process have received a General Form of Judgement or Order for the sum of £3,229.08. The neighbours have vacated the property which is now empty.
I have conducted a property search and it appears that the property is not on the open market for sale. I understand that there is just over 100k equity in the property, I understand that they maybe behind in mortgage payments. I have contacted the Land registry and they are listed as the owners.

I am pursuing a charging order (Form 379) this form refers to interest. Should I be charging interest on the £3,229.08 since the issue of Judgement if so what % should this be. Are there any other checks that I should do? If the property is repossessed which I believe is a long winded process would the Charging Order still apply. I don't know where the person works or if there are any assessts in a Bank Account. I do not know of a new address and as the property is vacant Baliffs would not be the answer.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The statutory interest rate is 8% per annum and this starts from the day judgement was given assuming there was no previous claim for interest in your claim.

Yes, the charging order would act as a second charge/mortgage and if the property was sold, you would get paid after the mortgagee. If you say there is sufficient equity, you should receive payment eventually.

You should register the interim charging order at the Land registry by using form UN1, pending the making of the final charing order.

No other checks that I can think of.

Hope this helps

Customer: replied 3 years ago.

Thank you interest was applied in my previous claim. If the property were to be repossed prior to obtaining the charging order would the


payment be honoured.


 


This is what we are concerned about


 


Anita


 


 


 


 


 


 


 


 


 


 

Expert:  UKSolicitorJA replied 3 years ago.
No, you would need to seek an alternative way to enforce the judgement in that case.

You may try and lodge a unilateral notice straight away, even before the charging order is made and explain that you have received judgement against the registered owner and are in the process of applying for a charging order.

Hope this helps

Please leave feedback
Customer: replied 3 years ago.

How do i lodge a unilateral notice?


 

Expert:  UKSolicitorJA replied 3 years ago.
By using form UN1, see here:
http://www.landregistry.gov.uk/_media/downloads/forms/UN1.pdf

See here for the fees:

http://www.landregistry.gov.uk/professional/fees/fees-calculator
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