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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9340
Experience:  I have been practising for 30 years.
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Have a judgement for over 5 years and managed to get a

Resolved Question:

Have a judgement for over 5 years and managed to get a charging order on a property.
The property is a flat belongs to a husband who the judgement is against and his wife and they claim that they are divorced.
How can I get a sale order for the flat/
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Do they live in the flat as the marital home?

Do you know how much mortgage is outstanding on the property?

What is the value of the property?

Do they have children under aged 18?

How much is your judgement for?

Customer: replied 11 months ago.
The wife live at the property there is an equity of app £50,000 the Judgement is for £48,000 +interest as he paid nothing to date
I think both children are over the age of 18 but not sure definitely their daughter is.Recently I saw that he has a new company register on the property so think that although they say they are divorced it is not the case
Customer: replied 11 months ago.
When Am I to receive an answer?
Expert:  F E Smith replied 11 months ago.

I apologise for the delay. I have been with a client.

Interest will accrue and on this at 8% simple per annum from the date of judgement. Hence, the judgement is for £48,000, you would probably not get all your money back as that’s quite a considerable amount of interest 5 years.

If the property sells, you would still be entitled to pursue for the balance which wasn’t paid when the property was sold.

If you want to court for an order for sale, it is likely that his wife claim 50% of the equity and that would thwart any application for an order for sale because she would also be deprived of her home through no fault of her own.

It is possible to issue a statutory demand and petition for bankruptcy against someone whose property you have a charging order against but only if it is a high court order. I had one recently but the statutory provision escapes me.

I have dropped an email over to a colleague and am awaiting their reply as to the relevant section.

Customer: replied 11 months ago.
Thanks awaiting an answer of how to do the application for order of sale
Expert:  F E Smith replied 11 months ago.

The application for an order for sale is simple enough. You need court form N244, along with the draft order and supporting witness statement and the copy charging order.

If you don’t have experience of it, you might want to get a solicitor and barrister to settle the proceedings even if you deal with the final court hearing yourself.

Customer: replied 11 months ago.
will you do that and what will be your fees?
Expert:  F E Smith replied 11 months ago.

It’s not something that I could take on for you at present with regard to dealing with the whole thing. However I could submit premium services proposal for you to help you complete the paperwork for you to submit yourself.

You would need to complete it as far as you can and I will give you the wording that you need to put in the various boxes. We would exchange emails privately off-line.

Completing the applications is relatively straightforward if you know what you are doing and how to word firm which is mostly blank.

Solicitors attending court hearings is where the costs run away.

I think you have a 50-50 chance of getting an order for sale. It is 5 year timescale within which the Defendant has not done anything, which assists you. You are going to need copies of any correspondence you have exchanged in the last five years.

I have just heard back from my colleague with regard to bankruptcy and the charging order and my memory failed me. It wasn’t to do with bankruptcy and a charging order, it was to do with instructing the High Court Enforcement Officer to levy distress.

In effect, even though you have a charging order, you can still send bailiffs (actually the High Court Enforcement Officer) around which puts even more pressure on. http://thesheriffsoffice.com/articles/charging_orders_and_writs_of_fi-fa

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