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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a building contractor who is owed £35k by the developer

Customer Question

I am a building contractor who is owed £35k by the developer but he hasn't got the cash as the properties haven't sold p, can l put a legal charge on one of the houses to secure the debt ? If so how do l go about it
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did you get Judgment in default please?
How much is owing?
Alex

Customer: replied 1 year ago.
No l haven't got a Judgment in default, l am a small business and can't pay expensive legal fees, l am owed £35k since March 2016 and this is putting my business at serious risk - l want to make sure that if their business fails l have some security, your advice as to a way forward would be appreciated
Expert:  Ash replied 1 year ago.

Ok - then yes I would apply for a charging order on ALL the properties.

Sadly it will cost you £100 per application.

This is the form you need:

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2209/n379_0302.pdf

The Court will grant this ex-parte so you can then apply to the Land Registry to secure it.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Approximately long would this prosess take ?
Expert:  Ash replied 1 year ago.

To get an interim charge, normally only a week or so, depending on how busy the Court is.

Does that clarify? Alex

Customer: replied 1 year ago.
Thank you that's a great help.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Alex, as l am not sure as to how many property's are still unsold how can l put a charge on ALL the properties ? Could l just do it under their company name KMRE (Brierley ) Ltd or ?
Also would it be best for me to go to the courts in Leeds to submit the form ?
Expert:  Ash replied 1 year ago.

You need to make an application for each one. They need to be in the name of the defendant you sued. Alex

Customer: replied 1 year ago.
Hi Alex, how do l find out which property's are not sold to enable me to put a Charge on ALL the property's ?
Also how do l find out the land registry numbers for the property's ?Regards
Debbie
Expert:  Ash replied 1 year ago.

https://eservices.landregistry.gov.uk/wps/portal/Property_Search

That is where you search. If it shows the debtor on the deeds then it has not been sold.

Does that clarify?
Please remember to rate so the site credits me for the time spent with you - thanks.