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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have loaned a family member two amounts of money totaling

Resolved Question:

I have loaned a family member two amounts of money totaling £25,000 and they have refused to pay it back. I want to apply for a CCJ and charging order to recover the money but not sure how to word it on the CCJ form and do I have to serve two separate claims, can anybody advise please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much were the two sums each please?
Customer: replied 2 years ago.

Hi Alex,

the first amount was £16915 and second £8500.

both as a personal loan and only had £500 paid back to date

Expert:  Ash replied 2 years ago.
Thank you. You should include this as one claim but on the claim for separate out the amounts.
You just word that:
The Claimant loaned the Defendant on or about (date) the sum of £x and on (date) the sum of £x. It was a term of the loan that the Defendant would pay back (terms of loan). In breach of contact the Defendant has only paid £500 and failed to pay back (sums owed).
That is the claim, that is what you put.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

ok great thanks,

if I use the money claim on line system it dosen't allow me to submit for a charging order at the same time, do I have to do this separatley but to the local court to the defendant?

Expert:  Ash replied 2 years ago.
No. You need to issue a claim THEN get a CCJ before you can have a charging order. You can't do it at the same time, you must get Judgment first. The claim is in ONE amount, its ONE claim and ONE charging order.
Does that help?
Alex
Customer: replied 2 years ago.

ok great, so in theory I can't use the claim number for the purpose of the charging order until it is granted by the court, i.e until judgement is passed?

What sort of time scale would this take before I can serve a charging order, I know all courts are different but just an idea?

thanks

Expert:  Ash replied 2 years ago.
Correct.
Once you get a CCJ you can apply for it the next day.
Alex
Customer: replied 2 years ago.

ok, can I apply for a notice to sell at the same time as serving the interim charging order or will this have to wait until a final charging order hearing ?

and then for the judge to decide?

thanks

Expert:  Ash replied 2 years ago.
No.
1) get a CCJ
2) Apply for an interim
3) Get the final order
4) Then and only then get an order for sale.
Alex
Customer: replied 2 years ago.

If the family member files for bankruptcy before a charging order is served would I just have to wait in line with the other creditors if any, Or if I have the final order in place will the charging order be second in line to the mortgage company and then the creditors follow if there is any funds left?

Expert:  Ash replied 2 years ago.
If you have an interim and you register it, then and only then are you secure.
Alex
Customer: replied 2 years ago.

Just to go back one step, do I have to mention in the claim particulars that I have repeatedly asked for the money and it hasn't been forthcoming or will that be asked further on by the court if they ask for evidence?

Expert:  Ash replied 2 years ago.
No, its just a basic claim at this point. If it is defended then you will need to file a statement saying steps taken etc.
Does that help?
Alex
Customer: replied 2 years ago.

Ok great thanks very much Alex that has answered everything for today.

thanks again

Ellen

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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