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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have 3 Final Charging Orders against a property. I need to

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I have 3 Final Charging Orders against a property. I need to issue Form N208 to obtain an "Order for Sale" from the County Court. I would like some guidance. The 'legal remedy' that I seek is an "Order for Sale" but I don't know what to write in response to the question "the legal basis for your claim?". Can you help?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.How much equity is in the property, what is it worth and what are the value of the charges please?
Customer: replied 10 months ago.
The property is a 2 bedroom flat in London. Equity is approximately 200,000 to 250,000 GBP.The three Charging Orders total 10,398 GBP.
Expert:  Ash replied 10 months ago.
What is the value of the property?
Customer: replied 10 months ago.
We don't have a valuation. A similar flat in the same building is on the market for 310,000 GBP.
Expert:  Ash replied 10 months ago.
Ok - you may not get an order for sale because the value of the debt is quite small compared to the value of the property. It really will depend on your Judge.You need to complete form N208 and say you seek an Order for Sale on the basis of a Final Charging Orders (list them).You also need to complete this:https://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd73_pdf_eps/pd73_apdx_a.pdfYou also need a witness statement saying how much the property is worth, evidence of that value, ie by an estate agent, equity and evidence of this, mortgage balance if you have it and evidence etc.All that needs to go in a statement.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
By the way, the total debt to 15 November 2015 is 19,856 GBP and this comprises:
- 10,398 GBP for unpaid Charging Orders
- 4,550 GBP unpaid service charges from date of 3rd Charging Ordering to 15.Nov.15
- 1,657 GBP legal fees incurred chasing debts
- 3,935 GBP statutory interest
-*****Fees
- additional costs incurred today
Customer: replied 10 months ago.
Also, no one has lived in the property for four years.
Expert:  Ash replied 10 months ago.
Ok - have you seen above Order you need to complete with statement?
Expert:  Ash replied 10 months ago.
Can I clarify anything for you? Alex
Customer: replied 10 months ago.
The Judge told me to put into Form N208 that I seek an "Order for Sale" - which is easy.
Customer: replied 10 months ago.
I have looked at the guidance for Form N208 "Notes for Claimant on Completing a Part 8 Claim Form." http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=431At the top of the second page are the words:DETAILS OF CLAIM
Under this heading you must set out either
• the question(s) you wish the court to decide; or
• the remedy you are seeking [ORDER FOR SALE] and the legal basis for your claim [WHAT IS THIS]; and
• if your claim is being made under a specific CPR Part or practice direction, you must state which.I would like to know how to answer the question "the legal basis for your claim "
Expert:  Ash replied 10 months ago.
Legal basis: You have charging orders (x3) and you are seeking to enforce those final charging orders.That is the legal case.
Expert:  Ash replied 10 months ago.
Can I clarify anything for you about this today please? Alex
Customer: replied 10 months ago.
I think your reply "Legal basis" may be all that I require, thank you.However, I won't really know until the next Hearing.
Expert:  Ash replied 10 months ago.
Happy to help - the Legal basis are your 3 final charging orders which have not been satisfied.But you will also need a link to the draft order.
Expert:  Ash replied 10 months ago.
Can I clarify anything else for you? Alex
Customer: replied 10 months ago.
I didn't complete the "Order For Sale" form and didn't submit this to County Court. Also, at the Hearing this week the Judge didn't mention the (missing) form, so I'm a bit puzzled why it's necessary.
Expert:  Ash replied 10 months ago.
Ok - usually you should complete a draft order for sale to help a Judge.But if not your legal remedy is above.
Expert:  Ash replied 10 months ago.
Can I help with anything else? 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 10 months ago.
Thank you very much.
Expert:  Ash replied 10 months ago.
Good luck! Alex

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