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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I have a County Court Judgement in my favour for £96,199.19

Customer Question

Hi, I have a County Court Judgement in my favour for £96,199.19 against a UK Limited company. I have been told that because it is such a large sum I should pay the £60 fee and apply to the High Court for a Writ of Control. What are the alternatives and are there any drawbacks to doing this ? Many thanks Roger
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

You can either:

Alex Watts :

1) Make the company bankrupt

Alex Watts :

2) Send in County Court bailiffs

Alex Watts :

3) Freeze bank account (or whats in it)

Alex Watts :

4) Get a charge on property

Alex Watts :

There are no drawbacks to transfer it up. High Court bailiffs are more effective than County Court ones.

Alex Watts :

Indeed it does not stop you taking any other enforcement action

Alex Watts :

So no drawback to transfer up

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-007ro46i- :

Hi, How can I find out how much the various alternatives will cost ? Many Thanks Roger

Alex Watts :

1) Bankrupt, a few thousand pounds.

Alex Watts :

2) County Court bailiffs £100

Alex Watts :

3) Freeze bank account £100

Alex Watts :

4) Charge on propert £156

Alex Watts :

Does that help?

JACUSTOMER-007ro46i- :

Hi Alex, Thanks for that, I am going to rate you excellent again, by the way did you get the forwarded email from Land Registry Re: Form N restriction

Alex Watts :

Thank you very much.

Alex Watts :

Not had the email as yet, it does take a few days for it to be forwarded to me

JACUSTOMER-007ro46i- :

Hi Alex, The email from Mr Darlington at the Land Registry which I forwarded to you in essence said the selection of the restriction Form N is wrong as it would need the written consent of the registered proprietors ( my daughters) which I could not get. He has given us a deadline of Thursday 5:00pm for an answer, as he will activate Form A on Friday which can be over - reached by the opposition. I don't want you to get the impression that I am a tyrannical father oppressing poor uneducated daughters, they both have degrees, one from Oxford and they are both married to wealthy men, one a millionaire. I just want them to keep their promises. What do you think of a restriction by interim charging order?, I think we have the evidence to apply for a charging order in court. I am a member on subscription so you will be paid. Many thanks Roger.

Alex Watts :

Ok, if you can rate this one then I will go over and work on your other question

Alex Watts :

Otherwise it gets very confusing!

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, This answer is fine but the other two answers about Land Registry Restrictions were wrong. I have had time to contact the Land Registry and they said that Standard restriction Form II is wrong because all it requires is that the opposition sends me a letter informing me that the house is being sold. After that they can freely sell the house. I do not want to rate you badly or complain. What happens next.

Best Wishes Roger

Expert:  Ash replied 2 years ago.
You would fill out form RX1 and use form of words K
This is for a CCJ.
Alex
Customer: replied 2 years ago.

Hi Alex, Sorry for the delay, I have been in Hospital. The County Court Judgement I have is against the company which my daughter owns and for which the buy to let house was put up as collateral for the loan. In the meantime the land registry activated a previous RX1 with a Form A restriction , which has the defect that it can be "overreached", so time is of the essence. My wife applied for an RX1 using the non standard wording restriction asking the Land Registry for our consent to be obtained before registration, I paid the £90 fee. The Land Registry rejected this and said the reason was it was too much like Form N and are returning my cheque. Please tell me the correct Restriction to apply for, we have tried A, N, and II, none of them work properly. K wont work because of the reason stated above. This like a horrible game of Rumplestiltskin. Please tell me the correct restriction to use. Many Thanks Roger

Expert:  Ash replied 2 years ago.
If you have a Court Judgment it is form K. I do this all the time.
Alex
Customer: replied 2 years ago.

Hi Alex, I have just opened the post and the Land Registry have sent me a letter saying that Form K of the restrictions is wrong. They say that only applies if you have a "Charging Order". This is the third wrong answer please advise urgently.

Roger

Expert:  Ash replied 2 years ago.
It is form of words k. I assume you have a charging order from the court? If not you need to apply for one and get a charge on the property. Then you use form of words k.
Alex