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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have a county court judgement against a non domicile

Customer Question

We have a county court judgement against a non domicile company who own a property in the UK.The judgement is for app. £4000 and we know that the property is rented and also we have the person who is collecting the rent for the landlord/company.
What can we do to enforce the judgement?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

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

Do you just have the CCJ at this stage, you have taken no action to enforce?
Alex

Customer: replied 5 months ago.
We are a small estate agents got a default ccj against a non domicile company who are renting their London properties how can we enforce it?
Expert:  Ash replied 5 months ago.

Ok - then I would apply for a charging order.

The cost is £110 and you need to complete form N379

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n379-eng.pdf

You also need a copy of the title plan from the Land registry. You can get this online at:

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

You complete the form and send it to the Court. The Court will consider the application and send back an interim charging order.

You then file this with the Land Registry and the charge secures the debt.

The Court will then list the matter for hearing and decide whether to make that interim charge final.

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

Customer: replied 5 months ago.
Do you think that a charging order on a property valued at £mmmm with a judgement of £4000 is right?
Can we go for the one who collect the rent for the landlord/company or even the tenant?/
Expert:  Ash replied 5 months ago.

Yes thats fine. You can have a charge for £1.

It just secures the debt. You cant go for the tenant etc no.

You should go for a charge, this is the best option.

Does that clarify? Alex

Customer: replied 5 months ago.
the issue with the tenant is that they are paying the rent can I get an order that this money will be held to cover the judgement also the one collecting it on behalf of the company I have his bank details can I do a third party order?
Expert:  Ash replied 5 months ago.

You cant get it paid direct - third party debt order is to get money from a persons bank account.

But if they have less than £4000 at the time the bank gets the order then you only get what is in there.

So you could do it that way, but charge is always better as less risk

Does that clarify? Alex

Customer: replied 5 months ago.
Can I do both?
Expert:  Ash replied 5 months ago.

The court wont be impressed if you did this and you may not get costs.

You should do one first then another.

Does that clarify? Alex

Customer: replied 5 months ago.
thank you
I have other issue as well will you answer me or I need to get someone else?
Expert:  Ash replied 5 months ago.

You can list that as a new question, it may be that picks it up or another expert.

If you want me, just start it for Alex and I can help.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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