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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 854
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Caroline. You may recall that you were helping me

Customer Question

Hello Caroline. You may recall that you were helping me recently with filling in a form to get Land Registry details to accompany my N379 form to get an interim Charging Order to enforce a CCJ. I now have the Land Registry details and have completed the
N379 form. Before I send it off a couple of points: 1. The defendant has moved abroad and I do not have his overseas address. I have put his last know postal address in the form, along with his co-owner, (his wife) at the same last known address. It is quite
possible that he does not have an auto forward to his overseas address, but from what I understand that does not matter as the rules say 'last know address,' so the onus is on him to provide up to date information. Do you agree with this? 2. He has a mortgage
on the property, and I have included these details including the postal address in "Other persons to be served." Will the Court automatically send the Charging Order to the bank or do I have to do it? 3. In the "Further Information" section I have highlighted
the fact that the defendant has moved abroad and asked them to send the Charging Order to him via email (provided) along with a hard copy to his last know postal address. Will they do this i.e. if the Court has an email address they will automatically use
it to contact the defendant? 4. I understand that this costs £100. Do I write a cheque to the Court? 5. How long will it take for the Court to issue the Charging Order? Thanks Matt
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Thank you for your question.
I hope that you are well.
In answer to your questions:
1. The CPR does allow for service at the last known residence. (see 3 below)
2. The court will normally direct which creditor needs to be served. It is you that will need to serve the creditors. You must serve not less than 21 days prior to the hearing to finalise the order. This will of course likely be the mortgage company that you need to serve. You will need to serve 1) the interim charging order 2) your application notice and any documents you filed in support.
As you have mentioned that his wife is a co-owner - the court will also likely direct that she should also be served. You should also include her details in the other persons to be served section.
At this point you will also register your interim charging order at the Land Registry. The fee for this is £40. For a jointly owned property where the interim order is in respect of one owner, it is only possible to enter a restriction against that party’s beneficial interest in the property. The relevant Land Registry form is an RX1, which should be sent to the Land Registry with a copy of the interim order and the £40 fee.
3. The court will expect you to make reasonable enquiries. You should provide as much information as possible as to what your knowledge is. If the Judge wants you to serve by email also - then you will need to do this - not the court.
If you have reason to believe that the defendant is no longer at the address you have for the defendant, reasonable steps must be taken to ascertain the address of the defendant's current residence (CPR 6.9(3)). There is no guidance as to what might comprise 'reasonable steps'. What is clear is that it is the claimant's, or solicitor's belief, that is relied on and therefore the test is subjective.
You should therefore include as much information as possible so that the Judge can consider this and provide you with further direction - if the court sees this as necessary.
4. The fee for a Charging Order Application is £100. You can send a cheque - along with your application. You should make the cheque payable to HMCTS.
5. This type of application is almost always dealt with by a Judge without a hearing. It will depend on the amount of desk work that a Judge has as to how long it will take to be dealt with. You should expect to have the initial papers back from the court within a maximum of a couple of weeks.
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineThanks for your answers. Some points to clarify please.This is how I understand the process:1. I send off the N379 form with the Land Registry details / cheque and the Court issues an Interim Charging Order. At this stage no one else but me is informed. I will receive in addition to the interim Charging Order, instructions on who to notify, i.e Joint owner & mortgage provider.2. I inform the Land Registry using form RX1 as soon as I get the interim Charging Order, i.e. I do not wait until the Order is final.3. I will be informed at the same time of a hearing date to make the Charging Order final and I must inform the instructed creditors 21 days before this date. In addition you mention that I should provide "application notice & supporting documents" at the same time. Does this mean in total x2 documents = the interim Charging Order & the Land Registry form showing proof of ownership?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Thank you for your response.
In response to your questions:
1. Yes you are correct.
2. Yes - you inform the land registry on RX1 when you obtain the interim charging order. When the final charging order is made you inform them again on the same form.
3. Yes - this does mean the order, your application and a copy of the Register.
Kind Regards
Caroline
Customer: replied 1 year ago.
So to wrap up:I have to fill in 2 separate RX1 forms for the Land Registry? First time when I get the Interim Charging Order, then a second time when the Order is made final?The documents are a/ the Interim Charging Order, b/ my application - do you mean the N379 form? c/ The Land Registry title - I only ordered 2 copies as I thought I would need one for the Court and I would keep one for me. Do I now need to go back to the Land Registry registry to get more??? i.e. one for the joint owner and one for the mortgage provider when I serve them?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Yes this is correct - you need to register both the interim and the final with the land registry.
Yes - the Application is just a different word for the N379. You dont need to get more copies - you can just photocopy the ones for the creditors and the co-owner.
Just to assist you - here is a timeline for you:
1) Establish ownership by obtaining official copy of register
2) Submit application and fee to court
3) Court makes interim order and sets hearing date
4) register interim order at land registry
5) serve debtor, co-owner and known creditors with copy of interim order and application
6) file statements of service at court
7) hearing - court will hear evidence from all parties including debtor and any interested parties
8) at this hearing request final order
9) register final order at land registry
10) serve final order on all parties
Kind Regards
Caroline
Customer: replied 1 year ago.
Thanks Caroline1&2. I have done No1 and will complete No2 (including copy of land register) in the coming days.
5. Serve debtor etc - I don't include the land registry copy?
6. What are these?
7. How can there be a hearing if the owner is abroad?
10. Serving final order on all parties - do I not include the N379 form and land registry copy as I did with the interim CO?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Yes 1 is complete and you will be past 2 also when you send this off.
5 - yes send copy Official Copy of Register also
6 - link below:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n215-eng.pdf
You need to complete one of these for everyone you serve - being the debtor, co-owner, creditors
You have to file these at the court at least 3 days before the hearing.
7. As long as the court is satisfied with your service then the hearing will happen and it is the debtors issue to get there. You are already detailing in your application as much as possible - The Judge reviewing your application for the interim order will see this. The court may make direction that you should make an application to serve by alternative means - this being by email or they may accept service at the last known address. Its important you provide as much information as possible in this regard in the N370 so that the court can give you a further direction it they see fit.
10 - no just the final order
Kind Regards
Caroline
Customer: replied 1 year ago.
Alright. Finally:5. Do you mean I can send a photocopy of the "Official Copy of Register of Title" - in my case I will scan the original and then print out a copy to post along with the N379 & Interim CO form
7. I presume N370 is a typo - you mean the N379 form? In addition can a Court skip the Interim CO and make the order Final to begin with? The owner leaves in New Zealand, so there is no way he will travel back to Britain for a hearing. Due to this factor, (which I have mentioned in the N379 form) does the Court have the power to make the Order final from the start provided I serve via his last know address & via his email address?Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
5 - yes for service copies are fine
7 - yes sorry typo. No the application for a charging order is a 2 steps process - interim and then final.
Kind Regards
Caroline
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Customer: replied 1 year ago.
CarolineThanks for the clarifications!
I may well come back to you in a few weeks time during the next stage.
Have a good evening.
Best,
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Glad I could help you Matt
Kindest Regards
Caroline
Customer: replied 1 year ago.
CarolineI have an additional question before I post off my N379 form & Land Registry document.In section 2 entitled "Judgement Debt" I have to put in the initial amount awarded to me by the Court and then include the current debt which includes the interest to date. The initial amount included costs along with interest to the date of judgement, however the calculation I am supposed to make now reads: "includes further interest payable on the interest debt." I have calculated the interest and added it to the awarded amount, however what about my £100 fee for obtaining a Charging Order?Does the Judge automatically add it on to the total amount once the Charging Order has been granted, or do I add it on here myself? The form does not say that I should include more "costs" at this stage, but will I get another opportunity to add this £100 on if I do not do so in the N379 form?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
- you ask for court fee at the hearing stage - the Judge will add it on then.
Kind Regards
Caroline
Customer: replied 1 year ago.
Great - so I just add the interest now and nothing else & then wait until the hearing to ask for anymore costs like the £100 fee and travel to the hearing etc?
Expert:  ukfamilysolicitor replied 1 year ago.
Yes thatS correct :)
Customer: replied 1 year ago.
Good stuff - posting today!
Thanks,
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Glad I could help
Customer: replied 1 year ago.
Good morning Caroline.I have now received my Interim Charging Order and I am going through the RX1 form to register it with the Land Registry.
To that end I have a number of questions regarding the form & then the Serving process.1. Section 3 - Property:
There are three boxes. Do I tick "The whole of the registered estate" - does this mean the individual flat or the estate in general? Or "the parts of the registered estate as shown"? The third box is "the registered charge(s) dated in favour of" - do I need to tick this?2. Section 4 - Application and fee:
I understand that the fee is £40, however there are 2 other boxes - "Application" & "Entry of Restriction" - do I need to write something in these boxes?3. Section 5 - Documents lodged with this form
Which documents I'm I lodging? There is also a panel of notes talking about AP1 or FR1 / DL forms. Do I need to complete any of these?4. Section 7 - This Application is sent to the Land Registry by
I have put in my address and email. I presume it is ok to omit my phone & fax numbers? As well there is a box called "Reference" - do I need to put something in here?5. Section 8 - The applicant is entitled to apply for a restriction because:
I have read through the Practice guide 19 on the gov website, but I am still none the wiser as to which box I should tick6. Section 9 - A free text box. First a space to write something between square brackets, then a free text box. Do I write something like: "A CCJ was awarded in my favour against defendant xxx by Court xxx on xxx. The Defendant has not paid me so I have obtained an Interim Charging Order to be placed on his property to ensure that he does. I am now registering this Interim Charging Order with the Land Registry."7. Section 11 - refers to panel 8 - presumably if I have filled in something there?8. Section 12 & 13 - only to be filled out if I selected option E in panel 8I hope that you can clarify these points up for me!
Thanks in advance
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Matt
I hope you are well.
I am just at Court - but I will respond fully to you later. I hope this is ok.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hello Caroline.Thanks for your quick reply.
Could you give me an idea when I might expect your response?
Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
within the hour :)
Kind Regards
Customer: replied 1 year ago.
Good stuff - I appreciate that :)
Speak later
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Thank you for your patience.
I am glad to hear that you have your Interim Order.
In respect of the RX1 answers to your questions as follows:
3. Tick box 1
4. You just need to write the fee in the empty box
5. This is your interim charging order. You need to provide an original or certified copy.
7. you dont need to put anything in the reference - this would be a solicitors reference if they were completing the same for you. You should include a phone number so that the LR can contact you if they need too. The number wont be included on the restriction.
8. tick the first box under panel E
9. ‘No disposition of the registered estate or registered charge is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with benefit of charging order] at [address for service], being the person with the benefit of an interim charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] [Court reference].
11. leave blank
12- 13. you need to complete box 12
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineThanks for your responses. Some points of clarification:5. I understand that I need to send the original 2 page Interim Charging Order, (which will not be returned to me) with the RX1 form. Do I just type "Interim Charging Order" in the first field of section 5?
9. There is a field before the main text box - do I put something in here?
The language in the paragraph takes some getting used to. However I assume I need to change the details in the brackets to correlate to my case? If so does "name of person with benefit of charging order" mean me? & "address for service" mine? The rest I can follow.
12. Do I write something like this: "A CCJ was awarded in my favour against defendant xxx by Court xxx on xxx. The Defendant has not paid me so I have obtained an Interim Charging Order to be placed on his property to ensure that he does. I am now registering this Interim Charging Order with the Land Registry."Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
5 - yes you are correct
9 - correct again - just complete your details
12 - your explanation is fine
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineThank you. A few more:9. Before the free text box there is a sentence with a BLANK space that can be typed in:"The applicant applies to enter a restriction [in standard form BLANK] against the estate/charge referred to in panel 3 in the following wordsDo I type something in here or ignore it as everything is in the free text box underneath this sentence?I presume that I can delete the brackets once I have inputted my details?12 - This panel has 2 boxes - "Nature of applicant's interest" & "Details of how the applicant's interest arose" In which box do I put my explanation and if only one do I leave the other one blank?Is this all the Land Registry needs from me?
Completed RX1 form / Cheque / Original Interim Charging Order - if so roughly how long will it take for them to contact me to let me know that this order has been registered against the property in question & once registered am I right to think that the property can not be sold before the debt is paid off?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
9 - insert the word K
12 - in first box - put interim charging order
- 2nd box your description
Yes - enclosures are correct - usually done in a couple of days - register again when obtain final.
Restriction secures your debt - so you could decide to look at order for sale in future. Owner can't sell without you being satisfied.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you Caroline9. I have just inserted the letter "K" - nothing else - what does this mean please?
A minor point but I presume that I can delete the square brackets from around my details in the free text box?Ref the Interim Charging Order itself - 3 sets of directions come with it explaining what I and the Defendant must do.The Defendant is living abroad, how will this impact on his 'Home Court' (which is different to the one that issued the Interim Charging Order,) if he in the unlikely event decides to challenge? Will the hearing be moved to a Court who's jurisdiction encompasses his last know address, even though he no longer lives there?If the Defendant has not communicated with me & the Court, 7 days before the hearing date, then I understand that the hearing will NOT go ahead and the Order will be made final provided I have filed evidence at the Court. The hearing is set for January. Do I need to tell the Court 7 days before this date that I have received nothing or will they let me know that I do not need to attend, as they have not received the Defendant's notice in time?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
The Restriction you are asking for is known as a Form K restriction.
You can remove the brackets.
The hearing will take place at the venue listed.
It's been a few years since I attended the hearings to make final. To be honest I never received a response to the many applications I made but I always attended at court anyway to seek the final order. I would go to make sure the order is made.
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineSo...If he challenges, will the Court be moved to one which has jurisdiction over his last know address? The Court that I am dealing with is the Court for the 1st Defendant, (Ipswich) who has been cleared. The Interim Charging Order was made against the 2nd Defendant who lived in a different part of the Country, (London) but has since moved abroad.However I think it is more likely that he will not respond. If so am I to understand that the hearing will still go ahead, however I am not obliged to attend? As well can the Court make the Charging Order Final regardless of the fact that the Defendant never lived within the Court's geographical jurisdiction?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
I understand now. I didnt know there were 2 defendants in your original Judgment.
The court can make the order final if no response is received from the defendant. Just be aware that the respondent may ask for the proceedings to be transferred to his local court and this would happen.
I would attend to make sure you get the final order.
Kind regards
Caroline
Customer: replied 1 year ago.
Ok, so to sum up:a/ The hearing will go ahead regardless of responses and it is best for me to attend, though not obligatory.
b/ However it is possible for the defendant to ask for the Court to transfer proceeding to his Home Court - in this case a London Court because that is where his last UK address was, even though he now lives abroad?
c/ If he does not respond and I attend the Court in Ipswich to ensure a successful outcome, can I claim addition travel expenses as it would mean traveling from my home in London to Ipswich?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
I cant say not obligatory - I would always attend.
b - yes correct
c - no cant claim travel sorry
Kind regards
Caroline
Customer: replied 1 year ago.
Carolinea/ Sorry to be pedantic, however it says in the Interim Charging Order "If... no intention to appear has been received by the claimant, the court will, without the attendance of the claimant, consider the application and may make the order absolute."I fully agree that it is better to attend as you suggest, but does not this extract imply that they do not expect me to attend?c/ I was able to claim travel for the Final Hearing in Ipswich. Is this no longer applicable because the Court is now considering a Charging Order to be made final rather than a Final Hearing?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Sorry - perhaps this has changed. I wouldn't assume the order would be made in absence. You could contact the court after the time and ask if the order can be made final in your absence.
You can ask for fixed costs of £110 at the hearing,
Cpr 45 - sets out that the court may allow reasonable disbursement sin respect of search fees and the registration of the order - you can always try asking
Kind Regards
Customer: replied 1 year ago.
CarolineGood - I will certainly ask and attend unless the Court says I should not!Finally in addition to travel, I was assuming that I could claim for the Interim Charging Order cost of £100 & £54 for Land Registry costs (x2 copies of the £7 each = £14 for copies of the LR Register & £40 for registering the Interim Charging Order with the LR.)Would this fall under what you describe as 'reasonable disbursement'?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
Yes all of those costs are reasonable disbursements to ask for.
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineThank you for your excellent responses.I have looked through the Interim Charging Order and it states that I as the Claimant need to "Serve" the Defendant, joint owner and all creditors, (mortgage company I presume.)When looking through our earlier correspondence you mentioned that I need to "Serve" these 3 with a copy of the Interim Charging Order and the N379 form.I assumed that this would mean posting a copy of both documents to the 3 parties concerned, however I have checked online to be sure and I have come across another form that I need to fill in???:"Statutory demand: debt for liquidated sum payable immediately following a judgment or order of the court - form 6.2"https://www.gov.uk/government/publications/statutory-demand-debt-for-liquidated-sum-payable-immediately-following-a-judgment-or-order-of-the-court-form-62I am hoping that this is not so, but please could you clarify!Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
My apologies for my delay in responding to you.
What you are looking at is completely different and not part of the application you are currently undertaking.
A statutory demand is a different way of seeking payment of the monies owed to you. If you served such a notice and wasn't paid within 21 days then you could start bankruptcy proceedings.
In respect of your current application for a charging order you only need serve in accordance with the CPR part 73.5 - this being your application (N379) and the interim charging order and a copy of the land registry title (photocopy is fine).
This is the relevant CPR for you:
73.5 Service of interim order
(1) Copies of the interim charging order, the application notice and any documents filed in support of it must, not less than 21 days before the hearing, be served on the following persons—
(a) the judgment debtor;
(b) such other creditors as the court directs;
(c) if the order relates to an interest under a trust, on such of the trustees as the court directs;
(d) if the interest charged is in securities other than securities held in court, then—
(i) in the case of stock for which the Bank of England keeps the register, the Bank of England;
(ii) in the case of government stock to which (i) does not apply, the keeper of the register;
(iii) in the case of stock of any body incorporated within England and Wales, that body;
(iv) in the case of stock of any body incorporated outside England and Wales or of any state or territory outside the United Kingdom, which is registered in a register kept in England and Wales, the keeper of that register;
(v) in the case of units of any unit trust in respect of which a register of the unit holders is kept in England and Wales, the keeper of that register; and
(e) if the interest charged is in funds in court, the Accountant General at the Court Funds Office.
(2) If the judgment creditor serves the order, he must either—
(a) file a certificate of service not less than 2 days before the hearing; or
(b) produce a certificate of service at the hearing.
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineThank you for this stay of execution :)a/ So I read this as send x1 photocopy / print out (not the original) of the following documents:
- N379 Form
- Land Registry title
- Interim Charging Orderb/To the defendant, his wife (joint owner) and the bank
c/ The defendant & his wife have the same address. Do I need to send copies to them individually or one set to Mr & Mrs XXX?
d/ In addition do I need to send a cover note or simply print out x3 copies for each party and then post?Many thanks!
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
a) correct
b) correct
c) yes send separately to debtor and his wife
d) your preference really - you could if you chose include a short letter listing what is enclosed but this isn't essential
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineThanks -a/ If you think it is ok, I will just send the x3 copies to the x3 parties without a cover note. As long as I don't have to complete another form, then I will just do this.
b/ "Filing a certificate of Service" is this best to do before the hearing or at it?
d/ Is this it? The N215 Form: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n215-eng.pdfThanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Cover letters are essential - its just your preference.
I would recommend sending the certificates to the court in advance - but take copies with you in case they dont make it to the court file for the hearing.
The N215 is the correct form.
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineI think I've cracked it...So I will type up a cover note for each party...Also a Cover note for the Court along with the N215 form or will the form on it's own suffice?Finally I've just filled in Form215 as I need to serve all my documents tomorrow. It looks fairly straightforward, however reference these points:a/ "On what day did you serve" That is tomorrow the 18/12/15, yet after that there is a box "The date of service is" is this also the 18/12/15? The words are different but it means the same thing to me...b/ "Give the address of service effected..." I presume this means the defendant's last known address?c/ Coupled with that last point - I don't need to specify the joint owner & creditor's addresses, as they are already listed in the N379 form which I am including with this N215 Form?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
You need to complete a statement of service for each - that being three - creditor, joint owner, mortgagee. You can't put it all on one form.
A) you need to read the boxes on the 2nd page about the deemed service date.
Eg if posted tomorrow 1st class -
- date in box 1 would be 18.12.15
- date in box 2 is 22.12.15
B) address for defendant, joint owner and mortgagee on their own forms
C) you need to write the addresses so the court knows where you have served the documents
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok understood so...a/ If I complete all 3 statement of services tonight as stated, can I then send the 3 printed documents together in one envelope to the Court or in separate envelopes & do I need a Cover note for each?b/ Finally there is a box which says "Name of Defendant" For my first statement of service I have put the Defendant's name in here. Do I need to change it to the Joint Owner and then the Creditor (the Bank) for my 2nd & 3rd statements or is the "Defendant" always the person who has the Charging Order filed against them?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
One envelope for the court is fine.
Name of Defendant on all 3.
Kind Regards
Caroline
Customer: replied 1 year ago.
CarolineNearly there...So no Cover letter to accompany each of x3 Statement of Services docs to the Court?The Defendant is the owner and does not change even though I am serving him as well as 2 other parties?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hi
Yes - just a quick letter for the court asking the statements to be placed on the court file.
Defendant doesn't change.
Kind Regards
Caroline
Customer: replied 1 year ago.
Good Morning Carolinea/ So x1 cover letter will suffice, I don't need one for each Statement?b/ When I put the address in for the Joint Owner I will tick "Defendant's" as the address is the same as the defendant's, however for the Bank which box would I tick? There is a choice of "Claimant" "Solicitor" "Defendant" and "Litigation Friend"c/ I will be including as evidence, of what I have Served (even the the Court already has these documents) x1 copy of the Interim Charging Order, x1 copy N379 Form x1 copy LR Official copy of register of title. I presume that is ok?Thanks
Matt
Customer: replied 1 year ago.
Forgotd/ For the Bank which box would I tick? "Place of Business" or "Principal Place of Business"Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Matt
Place of Business
Kind Regards
Caroline
Customer: replied 1 year ago.
Thanks - and points a-c?
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Ok
Sorry only saw last message
A) yes one cover
B) only tick defendants in defendants form leave other tick boxes blank on joint owner and bank
C) list in form what you have served
Kind Regards
Customer: replied 1 year ago.
Great, this is now all done.Before I go and post all of these forms I would like to ask you one last question. This is what I will be sending:1. Posting to LR - RX1 Form & £40 cheque & Original Interim Charging Order. This secures the debt on the property.
2. Posting to Defendant/Joint Owner/Creditor (Bank) - Cover note & copy of Interim Charging Order & copy of N379 Form & copy of LR Official Copy of Register of Title
3. Posting x3 Certificates of Service to the Court with x1 Cover note. One for each of the following: Defendant/Joint Owner/Creditor (Bank). Including a copy of Interim CO & a copy of N379 Form & a copy of LR Official ...Title as evidence, even though they already have them.Have I forgotten anything?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt
All correct :)
You don't really need to send the additional docs to court - just the statements of service - but this won't cause any harm by doing so
Kindest regards
Customer: replied 1 year ago.
CarolineFantastic! - I will go and post :)May I thank you for your comprehensive answers and for patiently staying with me over the past 24hrs.Many festive greetings to you and your family.I will no doubt speak to you again in the New Year before I go to Court for the Charging Order to be made final.Thanks againRegards
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Glad I could help you Matt
All the best
Caroline
Customer: replied 1 year ago.
CarolineApologies - one more!I have just returned from posting all my documents. I have sent them by Royal Mail Signed For service which means they should arrive by Tuesday 22nd December 2015. I will be able to see who signed for them via the Royal Mail website.However it occurred to me that both the Defendant and his wife/joint owner are abroad and even though I am following the rules by sending the documents to their "Last Known" address in the UK, both envelopes addressed to each of them will probably be "Refused" and "Returned to Sender" as they no longer live there. To counter this I intend to send via email the documents that I have just posted on 22nd December 2015, the day the hard copies should arrive at the "Last Know" address.I only have the Defendant's email address so I will send the documents addressed to him and NOT include the ones for his wife as I do not have an email address for her - (unless you think I should tag on her documents to an email going to his account?)I am abroad until the beginning of January so I will not be able to Serve via post additional documents and be within the 21 day period before the hearing.Does this make sense and can I legitimately argue at the hearing to make the Charging Order Final, that I tried my best to Serve the Defendant / Joint Owner by sending to their respective "Last Known" address along with Serving to his email address?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
As per my previous advice the rules do allow for the last known address - as previously discussed I presume you included all the details you had in your application - and the court made no further directions. You are going to have to argue the order should be made final at the hearing on the basis of last known address.
Kind Regards
Customer: replied 1 year ago.
EveningOk, that's what I was planning to do & yes I included all the details.
I will serve the Defendant, but not his wife via email next week.Thanks for underscoring this.Best
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Take care Matt :)