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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9784
Experience:  I have been practising for 30 years.
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I have a legal charge over a warehouse, registered on the

Customer Question

Hi I have a legal charge over a warehouse, registered on the land registry, against a debtor who owes me a large sum of money. How can I enforce this charge and force the sale? What are the steps I need to take?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What is the value of the warehouse, and how much is your charge against that?

Do they otherwise have the money to pay you?

Background detail would be useful please. Thanks.

Customer: replied 1 year ago.
Value of the warehouse is approximately £600k, and I am owed £200k. He has no other means to pay me
Customer: replied 1 year ago.
It is not his home I want to force the sale of, it is a business property. So my question is what steps do I need to take to force that sale
Customer: replied 1 year ago.
Thanks
Expert:  F E Smith replied 1 year ago.

You would need to make an application to court under Part 8 of the Civil Procedure rules for an order for sale under the Trust of Land Appointment of Trustees Act.

There is no standard form for this and he would normally complete general purpose form N244 along with a witness statement and submit that to the court with the appropriate fee.

Unless you have experience of drafting such applications, you might want to get a solicitor or barrister to draft the proceedings for you. Solicitors and barristers arguing is what costs money, actually drafting proceedings is only going to cost you a few hundred pounds and would be worth it just to get the wording correct.

You would add those costs onto the court and any other legal costs you would claim along with the court action for the order for sale.

Can I clarify anything for you?

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Best wishes.

FES.

Customer: replied 1 year ago.
What's your email? I'll follow up in the morning