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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1191
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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CarolineHappy New Year!You were helping me before

Customer Question

Hello CarolineHappy New Year!You were helping me before Christmas with filling in an RX1 form for registering my Interim Charging Order & questions on serving all the relevant parties.I went to Court and obtained a Final Charging Order which I wish to register with the Land Registry. I have read through our previous conversations ref how to do it, but I wanted to be clear before I send this form off:1. Which is preferable to send, the original Final CO or a certified copy with the RX1 form? In the RX1 form notes it states:"If your application is not a first registration then we only need certified copies of deeds or documents you send to us with Land Registry application forms"2. I have left all of the text the same in the RX1 form as when I filled it in for the Interim Charging Order. I have only changed the dates and the wording to reflect that this is a Final Charging Order. Is this Ok? i.e. I don't need to change other details like the letter 'K' to something else in Section 9?3. I'm I right in saying that I do NOT need to include any other forms as I did when I registered the Interim CO? i.e. not N379 form etc?Thanks
Matt
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt Well done you!! and happy new year :) 1. certified copies are fine2. yes you are correct3. correct again. Kind Regards Caroline
Customer: replied 1 year ago.
CarolineThanks for the clarification. Before I ask you about Serving, a query about Interest on the debt.When I got my CCJ in September 2015, interest was calculated @ 25 pence per day. I then added the amount of interest accumulated from the period September to November 2015 when I applied for and was a granted an Interim Charging Order. I therefore assumed that interest would continue to accumulate on the debt, so if the debtor took 10 yrs before he paid me back, he would also have to pay the 10 yrs worth of interest on the debt. This I assumed would incentivize the debtor to clear his debt sooner rather than later.However the Judge stated that I could not claim interest?? He has awarded me £254 worth of costs which will be added to the debt, but I was confused about why I was allowed to claim interest up to obtaining an Interim Charging Order, but not afterwards, either till the granting of the Final Charging Order and beyond to the clearing of the debt.Thanks for shedding some light on this
Regards
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt So sorry for the delay in getting back to you - having a few technical issues!! If its ok with you - I will just check the position regarding ongoing interest with one of my colleagues in civil. Whilst charging orders were 'ten a penny' when I was in the department - I didn't do much in respect of the realisation of the monies owed. Can you tell me what the Judgment debt amount is? Kindest Regards Caroline
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Customer: replied 1 year ago.
Caroline
Including costs that the Judge awarded me at the hearing to obtain the Final Charging Order: £3898.80
Interest @ 25 pence per day would equate to £91.25 per year on top of the debt.
Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt Managed to speak with one of my colleagues - and she tells me it all depends on what the final order says. Given what you have said - she considers that they have capped interest so you wont be able to claim any more interest. Sorry- I know that this isnt what you would want to hear. Kind Regards Caroline
Customer: replied 1 year ago.
CarolineIndeed it is not, but it is what I expected. If memory serves the Judge mentioned something about a limit needing to be reached before I could continue to claim interest. I think it might have been £5000. As I am below that figure it follows that I could not continue to claim interest. It's however confusing as to why I could claim interest from the date of leaving the flat and therefore the beginning of the debt owed, (April 2014) up to and including the issuing of the CCJ, (September 2015) as well as up to and including the issuing of the Interim Charging Order, (November 2015.) However if that's the way it is, so be it.I have today posted the original Final Charging Order with my cheque and revised RX1 form to the Land Registry. Now that part is complete I understand that I have to serve all parties again.1. Do I take the same approach as with the revised RX1 form? i.e. amend the N215 Certificate of Service Form and just include a copy of the Final Charging Order? i.e. no other documents as I did all that last time when I Served the Interim Charging Order.2. Last time I Served the Owner / Co-owner / Creditor (bank). Do I need to serve / inform the Court of this as well, as I seem to remember that I had to send them documents before the hearing, last time.3. Last time I sent hard copies to the owner & co-owner at their last know address. I did so using Signed For mail, however it was returned as "addressee gone away." This is because they have moved overseas. I know I have to send a hard copy to their last known address, so in order to save on postal costs, would you agree that sending as normal post is acceptable?4. The Judge ordered that the Final Charging Order should not only be sent to the owner's & co-owner's last know UK address, but to the property that they continue to own and rent out, that I used to live in. I mentioned that I intended to contact their managing agent to inform them of the situation and he agreed that this would be useful. Therefore my intention is in addition to sending hard copies to their last known address as required by law, is to send the relevant documents to the managing agent so that they will contact their client the owners, which may assist me in pressuring them to pay back what they owe. I will also email the owners with the Final Charging Order. Do you think that this is a good strategy?Thanks
Matt
Customer: replied 1 year ago.
CarolineAny thoughts on my last question?
Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt I am sorry - this didnt show as needing a response in my list. I will check the interest position with a civil colleague and come back to you tomorrow. I hope this is ok :-) Kind Regards Caroline
Customer: replied 1 year ago.
CarolineYes that's fine. I look forward to hearing from you later today ref my above points.
Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt Thank you for your patience. Managed to speak with my colleague and am informed that 5K is the lower limit. My colleague was suprosed to hear that you had not been awarded interest from the interim to the final. 1) Yes - good practice to lodge your Statements of Services with the court once complete. As you have suggested is fine. 2) No - only the parties 3) yes - the cpr allows for normal post 4) I see no issue with this. I would suggest that you mark the correspondence for the attention of the debtor but c/o the managing agents address. Let me know if I can help you further. Kindest Regards Caroline
Customer: replied 1 year ago.
Hello CarolineThanks for your replies.
Some clarification ref points 1&2.When you say "Statements of Service" do you mean the N215 Form entitled "Certificate of Service"? If so I will amend them from last time and include the Final Charging Order and post to the Owner / Co-Owner / Creditor (bank.)You said that I only need to serve the parties, not the Court in point 2, yet in point 1 you mentioned that I should also inform the Court... Is that not the opposite? Do I send an N215 form to the Court as well? If not with this form another one?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I hope that you are well. Yes - just parties need to be served. N215 is correct. Titles have changed over the years hence my difference reference but the N215 is correct. The court isnt a party - you are just letting them know by lodging the forms that you have complied - in case the debtor later tried to dispute. Kind Regards Caroline
Customer: replied 1 year ago.
CarolineThanks for your reply.Ok, so I fill in the amended N215 forms and accompany each one with a copy of the Final Charging Order to the x3 parties - happy with that.However if I do not send an N215 form to the Court, how do they know that I have served the x3 parties? Do I email the Court saying I have done so or do I need to fill in a different form letting them know that I have served the relevant parties?Thanks
Matt
Customer: replied 1 year ago.
CarolineI trust you had a good Easter.
What's your view on my last message please.
Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Matt I am sorry - the site has changed its format from my login and I was unaware of your last message again. I also hope that you had a good easter. You do need to send the Certificate of Service Forms to the court - that way the court has a record on their file that you complied with sending the parties with a copy of the final order. Please do not hesitate to as if I can assist you further. Kindest Regards Caroline
Customer: replied 1 year ago.
CarolineI think I am about finished. I have printed out the Final Charging Order and amended the Certificates of Service for the Owner / Co-Owner / Creditor / Court.Ref the one for the Court - I did not send one before when I had the Interim Charging Order, so I have created a new one. In the Certificate of Service form there are several boxes to choose from: - "Place of Business" looks like the best option. Is this right? In addition under the address box I have "Claimant / Defendant / Solicitor's / Litigation Friend" Do I leave these blank as I did for the one to the creditor?I am hoping to send these off today,
Thanks
Matt
Customer: replied 1 year ago.
CarolineHave I misunderstood? Do I do what I mentioned in my previous message i.e. Serve the Court with a separate N215 Certificate of Service form, or simply print out additional copies of the x3 Certificates of Service forms that I am sending to the Owner / Co-Owner / Creditor and send those off to the Court? If the latter do I attach a copy of Final charging Order to each individual form as well ?Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hello MattSorry if I haven't communicated this properly to you.The debtor just needs the order sending to them.It is the court that needs the certificate of service and not the debtor.Kind RegardsCaroline
Customer: replied 1 year ago.
CarolineI'm confused.I was just going to post my letters.I have 3:First - x1 N215 Certificate of Service Form & Final Charging Order for the Defendant (Owner)Second - x1 N215 Certificate of Service Form & Final Charging Order for the Co-OwnerThird - x1 N215 Certificate of Service Form & Final Charging Order for the Creditor (Bank)Is this wrong?
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
That is right to have separate certificates - as long as it's the court your putting these in the post too :)
Customer: replied 1 year ago.
So - post the following?First envelope - x1 Final Charging Order to the Defendant (nothing else)
Second envelope - x1 Final Charging Order to the Co-owner (nothing else)
Third envelope - x1 Final Charging Order to the Creditor / Bank (nothing else)Fourth envelope - x3 N215 Certificates of Service forms to the Court with updated details informing them that I have served the Defendant / Co-owner / Creditor (nothing else)Is this right?
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Spot on ;)You don't technically have to serve the creditor - but there is no harm in doing this.Kind Regards
Customer: replied 1 year ago.
Ok thanks posting now!
I presume that's everything? I have already registered the Final Charging Order with the Land Registry, so I'm assuming this completes all necessary tasks?
Thanks
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Hi MattYes - that's it - all done.Kind RegardsCaroline
Customer: replied 1 year ago.
Thanks Caroline!I'm glad it's all done :-)I will be going through my paperwork in the near future, (Spring clear out) so I may well come back to you with general questions regarding what legal papers I should hang onto (employment records, P45s etc) as well as advice on setting up a Will & pensions.Many thanks again for your helpBest
Matt
Expert:  ukfamilysolicitor replied 1 year ago.
Take Care MattGlad I could help :)