How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have 3 Charging Orders against the owner of a property.

Resolved Question:

I have 3 Charging Orders against the owner of a property. The unpaid debt is roughly £16,000. I wish to apply to the County Court for an "Order For Sale". Which form should I use? Also, do I need 3 separate Forms?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
It's a Part 8 application so you use form N208
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The rules state you also need evidence to show
4.3 The written evidence in support of a claim under rule 73.10 must –
(1) identify the charging order and the property sought to be sold;
(2) state the amount in respect of which the charge was imposed and the amount due at the date of issue of the claim;
(3) verify, so far as known, the debtor's title to the property charged;
(4) state, so far as the claimant is able to identify –
(a) the names and addresses of any other creditors who have a prior charge or other security over the property; and
(b) the amount owed to each such creditor; and
(5) give an estimate of the price which would be obtained on sale of the property.
(6) if the claim relates to land, give details of every person who to the best of the claimant's knowledge is in possession of the property; and
(7) if the claim relates to residential property –
(a) state whether –
(i) a land charge of Class F; or
(ii) a notice under section 31(10) of the Family Law Act 1996, or under any provision of an Act which preceded that section,
has been registered; and
(b) if so, state –
(i) on whose behalf the land charge or notice has been registered; and
(ii) that the claimant will serve notice of the claim on that person.
You should also send in this form
https://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd73_pdf_eps/pd73_apdx_a.pdf
Only one is needed for the combined value.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you.So I need to complete and send:
1 x N208; and
1 x "Order For Sale Following a Charging Order (property owned by judgment and another person).
Expert:  Ash replied 2 years ago.
Correct.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Alex,I managed to find helpful advice on how to complete Form N208. This is a PDF with the number N208A.The second form has no Form number on either page. I cannot work out how to complete this Form. Is there anything that could help me?