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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi there we got a court decision against somebody who owe

Customer Question

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

kind regards

sevin yurek

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what is it you want to achieve?

Alex Watts :

Are you seeking to get an order that the property be sold?

Customer:

we want to put a charging order on her property

Customer:

how much luck we got

Customer:

we got court charge and now how we can get our money back ,

Alex Watts :

OK - you already have a County Court Judgement.

Customer:

yes

Alex Watts :

Did you apply for that to become a charge or you want to do that?

Customer:

we want to do that

Customer:

we got judgement

Alex Watts :

Ok - what you need to do is get a copy of the land registry report

Alex Watts :

You can do this here:

Customer:

how

Alex Watts :

https://eservices.landregistry.gov.uk/www/wps/myportal/My_Home

Alex Watts :

There is a cost of about £6 I think

Alex Watts :

Once you have this then you need to apply for a formal charge using form:

Alex Watts :

It is N379

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n379-eng.pdf

Alex Watts :

You need to complete this and send a copy of the Land Registry document to the Court.

Alex Watts :

The fee is £100

Customer:

formal charge using form yes we saw solicitors he asked 1000

Alex Watts :

Once the Court grants an interim Order you send that to the Land Registry with a fee of £50

Alex Watts :

You can do this yourself.

Alex Watts :

Then once its registered at the Land Registry the Court will list this for a formal hearing

Alex Watts :

The court will then consider whether to make the order final

Alex Watts :

As there is a CCJ Judgment then the Court will

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

please

Alex Watts :

ok?

Customer:

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

Alex Watts :

Well you need the charge first.

Alex Watts :

Then you can get an order for sale

Alex Watts :

One step at a time

Alex Watts :

But you can either apply for the charge yourself or get another Solicitor to do it at a different firm, a cheaper one

Alex Watts :

You dont need the same Solicitor

Customer:

do you know any one

Customer:

or can you do that

Alex Watts :

I do them all the time, but I am not allowed to be instructed to do this for you, it is against site rules

Alex Watts :

You can find a local High Street firm and get several quotes

Customer:

?

Customer:

i didnt get high street firm

Alex Watts :

Yes but if you look in local area

Alex Watts :

http://solicitors.lawsociety.org.uk/

Customer:

if l get charging order force her to sale and court will decide she cant be homeless

Customer:

do l have a change to win the case

Alex Watts :

The Court wont have that choice.

Alex Watts :

The Judge looks at the value of the charge and sees whether there is equity

Alex Watts :

If there is then the Court will usually grant an order for sale

Customer:

even she got court charge she doesnt respond yet i know she went to her solicitor l guess she got good advise

Alex Watts :

Indeed.

Alex Watts :

But I have given you the forms to apply for a charge. Does that help?

Customer:

if i go to solicitor how much should it cost do you think

Alex Watts :

To get a charge probably £400

Customer:

yes i will try myself , but i prefet solicitors

Alex Watts :

Indeed.

Alex Watts :

Can I clarify anything else for you?

Customer:

thanks you say i can fill the form so l will try

Alex Watts :

Yes you can

Alex Watts :

Can I help with anything else today?

Customer:

is there any change you can send all the link to my email or this conversation?

Customer:

many thanks

Alex Watts :

Yes once you rate the format changes and you can copy and paste.

Alex Watts :

I have also sent you a formal offer to complete the forms and paperwork for you

Alex Watts :

You can consider that as well

Alex Watts :

If this answers your question might I invite you to rate my answer, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

i accepted your formal offer what i need to do wait for your email?

Alex Watts :

Thank you. I think you need to rate then the format changes and allows us to continue

Alex Watts :

I also need you to send me a copy of the County Court Judgment

Alex Watts :

Can you scan and attach it here?

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
I think you need to formally accept the offer by ticking the box.