hi there we got a court decision against somebody who owe us 43.800 .we want to put a charge on her propery and restaurant bussiness.. but it seem a bit diffucult for us to get right advise dont know what to do
she lives with her husband and 15 year old child,she has moorgage house the value of house was 235.00 and beginin of 2013 she bought and pay 80.000 cash and till now she paid more ,and she has a restaurant bussiness still running , me and my partner gave her 40.000 to be partner then she mislead us and we left the bussiness ,we apply to the court and we got daffault charge 43.800 pound and what we going to do now to get the money back, we suffer a lot in this mean time and how long and how we will get the money back
Hello my name is ***** ***** I will help you with this.
For now please let me know what is it you want to achieve?
Are you seeking to get an order that the property be sold?
we want to put a charging order on her property
how much luck we got
we got court charge and now how we can get our money back ,
OK - you already have a County Court Judgement.
Did you apply for that to become a charge or you want to do that?
we want to do that
we got judgement
Ok - what you need to do is get a copy of the land registry report
You can do this here:
There is a cost of about £6 I think
Once you have this then you need to apply for a formal charge using form:
It is N379
You need to complete this and send a copy of the Land Registry document to the Court.
The fee is £100
formal charge using form yes we saw solicitors he asked 1000
Once the Court grants an interim Order you send that to the Land Registry with a fee of £50
You can do this yourself.
Then once its registered at the Land Registry the Court will list this for a formal hearing
The court will then consider whether to make the order final
As there is a CCJ Judgment then the Court will
Can I clarify anything for you about this today please?
the solicitor ask lots of money and if thearing will be we have to pay for barrister ,and if we succseesful thwn force to sale he said
Well you need the charge first.
Then you can get an order for sale
One step at a time
But you can either apply for the charge yourself or get another Solicitor to do it at a different firm, a cheaper one
You dont need the same Solicitor
do you know any one
or can you do that
I do them all the time, but I am not allowed to be instructed to do this for you, it is against site rules
You can find a local High Street firm and get several quotes
i didnt get high street firm
Yes but if you look in local area
if l get charging order force her to sale and court will decide she cant be homeless
do l have a change to win the case
The Court wont have that choice.
The Judge looks at the value of the charge and sees whether there is equity
If there is then the Court will usually grant an order for sale
even she got court charge she doesnt respond yet i know she went to her solicitor l guess she got good advise
But I have given you the forms to apply for a charge. Does that help?
if i go to solicitor how much should it cost do you think
To get a charge probably £400
yes i will try myself , but i prefet solicitors
Can I clarify anything else for you?
thanks you say i can fill the form so l will try
Yes you can
Can I help with anything else today?
is there any change you can send all the link to my email or this conversation?
Yes once you rate the format changes and you can copy and paste.
I have also sent you a formal offer to complete the forms and paperwork for you
You can consider that as well
If this answers your question might I invite you to rate my answer, the button should be at the bottom of the screen
If you need more help please click reply
i accepted your formal offer what i need to do wait for your email?
Thank you. I think you need to rate then the format changes and allows us to continue
I also need you to send me a copy of the County Court Judgment
Can you scan and attach it here?