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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have a ccJ who owes us approx 5k, we applied

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We have a ccJ for someone who owes us approx 5k, we applied for charging order and to get this registered against the defendants property
Land reg have rejected it as the ccj is in a single name and property is in joint names
they mention form K a restriction notice, but I cannot see what that gives us and is this the right thing in the circumstances
just want to stop def. selling property without paying the ccj
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm that you concede and agree that the property is in joint names but the CCJ is only against one of the owners please?
Customer: replied 2 years ago.

Yes

Expert:  Joshua replied 2 years ago.
Thanks. In that case the Land Registry is correct. This is because you can only apply to "encumber" the owners equity against whom you have a judgement. It is not possible to secure the charging order against the other owners equity. Because of this the charging order takes effet against the judgement debtors benficial (equity) share only and not the legal title. This is a restiction requiring that no sale or mortgage of the property is to be made without a certificate signed by the buyer or owner (if remortgaging) that notice has first been given to you of the proposed disposition. In practice any buyer or lender will require that the charging order is repaid before the remortgage or sale can be completed because they will be ken to ensure they do not take the property subject to a claim for the debt. it will not assist however if the property is repossessed. However of course you are free to pursue other enforcement action you consider may be successful regardless of the charging order. To apply for a charging order you will need to apply using form RX1 and apply for a form K restriction and supply a sealed copy of the court order with your application. If you require any assistance with the application please let me know. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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