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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Which court do I go to in order to enforce a power of sale

Resolved Question:

Which court do I go to in order to enforce a power of sale In respect of a property in Preston , Lancs?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I am owed approx £100k secured against a freehold property.
The debtor is not able to pay and will not contest my claim. Which court should I put my claim in and obtain a power of sale which is in the security documentation. The property is located in the post code for Preston, Lancs.
Expert:  Ash replied 1 year ago.
Have you got a charging order.
Customer: replied 1 year ago.
What's a charging order?
Expert:  Ash replied 1 year ago.
Court charging order securing the debt
Customer: replied 1 year ago.
No
Expert:  Ash replied 1 year ago.
How did you get security on the property?
Customer: replied 1 year ago.
Thru security doc which contains a power of sale in the event of a breach not remedied as is the case here.
All properly drawn up by a solicitor and signed by the debtor in front of a solicitor
Expert:  Ash replied 1 year ago.
Ok. In that case you need to apply to the Court. You would need forms N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
You would also need form N244, to show this is an application:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The Court will set the matter down and decide whether to make an order.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Which court where?
Expert:  Ash replied 1 year ago.
You can do it at your local county court but it will be transferred to the local county court of where the property is based.
Does that help?
A;ex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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