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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had a charge on a property which was granted to me by

Resolved Question:

Hi, I had a charge on a property which was granted to me by the party i did work for . The property was re-possessed by another creditor and the proceeds paid into court. There is a shortfall of some 50K .. and to get the monies aid out from court i need a consent order .. the party who signed everything across to me and agreed everything at the time now says that the charges were obtained illegally and that he gave them to me while he was having a mental brake down ? There is a shortfall of 50K for which i can issue bankruptcy proceedings, The party says he will sign a consent order if i agree not to pursue him for the additional £50k and if i do he will claim i bullied him into giving him the charges while he was having a brake down.. this is completely untrue .. he never had a brake down .. and this is a lie . The charges are signed an witnessed by independent witnisses
what are my options .?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When was the charge obtained please?
Customer: replied 1 year ago.

There were 2 sets of charges given in September 2013 and October 2013, one for 62K and the later one for 38K all related to work i did for the individual . the money was paid into court as opposed to paid out once the property was sold. I believe this was done at the request of one of the creditors who ranked above me .

The charges are all legally registered and were lodged with HMLR

Expert:  Ash replied 1 year ago.
Ok, then I dont think you need to worry. If they felt the charges were illegal then they would have been contested earlier. Bearing in mind 2 years has elapsed this is a clear attempt to just get out of the charges.
As you asked your questions are either to release from the charge and lose your money or see if they really issue proceedings.
If they do issue proceedings they would need to show they were illegal. As 2 years have elapsed I can't see how they would be successful.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I believed you answered my question a few months ago relating to the same topic ... its taken this long as he keeps threatening to claim a mental brake down and obtaining the charges illegaly now I find the individual has 2 other properties do i need to go to court to secure the balance of 50K outstanding against the other two properties .. as there is now an unsecured debt .

what application do i need to make to get the additional 50K secured against his other properties OR can i even do this .. especially if the property is in joint names ?

Expert:  Ash replied 1 year ago.
Yes you can do this even if they are jointly owned.
If you have a CCJ then you can secure it against other properties. If not then you will need a CCJ if he does not consent (I assume he wont) or his consent for a charge by consent.
Does that clarify?
Alex
Customer: replied 1 year ago.

Sorry .. I have been tied up, if i apply to have the monies paid out of court he will not consent .. this will mean a court hearing ?

What do i need to prove in order to have the funds paid to me ? I have the paperwork signed and independently witnessed.. is the burden on him to prove i obtained the charges illegally ? considering its been 2 years and during the repossession proceedings he never once questioned the charges , only now as he is slamming illegality and a brake down ?

Expert:  Ash replied 1 year ago.
Yes you need a court hearing. You just need to show on balance its owed and yes, it's up to him to show its illegal. The fact he has waited 2 years says it all.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Yes .. All Clear ..Thanks .. I'll take the appropriate action ..

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