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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4346
Experience:  Solicitor
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I need to understand how once one has received a judgment

Customer Question

Good morning I need to understand how once one has received a judgment what the process is regarding making a charge against a creditor property. A. With a judgment can you go and get a final charging order or do you have to get a interim first. B. does the interim have to be done in front of a judge? C. same question re making the interim final d. if interim then final is the process is there a specified time delay that needs to occur?Also I settled a case last year and am far from happy with my solicitor who quoted me a figure and that taxation that I would be expected to have to suffer. I have asked him for a copy of the client case letter and he says they did not produce such a document. can you point me to what sra/law society regulation he has broken by not having a client care letter on file.pls advise
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
also re this judgment how do I find out which lawyer made the charge final as there were 2 involved and I need to find out who did this. I suspect that the files will going missing if I go down that route and ask to see the files
Expert:  Jamie-Law replied 9 months ago.

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

How much is the debt please?

Customer: replied 9 months ago.
25100 gbp
Expert:  Jamie-Law replied 9 months ago.

OK - you need to get an interim charging order first. You apply using form N379

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

You also need to get a copy of the Land Registry title at:

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

Send this to Court and the Court will give you an interim order. Once you have this you send it to the Land Registry.

The Court will then set a date to make it final which you need to attend.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
I need to find out who made the charging order final as a switched lawyers mid way thro how to I go about this
Customer: replied 9 months ago.
also I need a reply about the client care letter question
Expert:  Jamie-Law replied 9 months ago.

It will give you a County Court reference and Court. Once you have that you can call the Court and ask for a copy of the application.

Once you have the application you can see WHO applied for it.

Does that clarify?

Customer: replied 9 months ago.
need to see a reply re the client care letter can you point me to the sra directive that it has to be produced?
Expert:  Jamie-Law replied 9 months ago.

http://www.sra.org.uk/solicitors/handbook/code/content.page - Chapter 1

Does that clarify?

Customer: replied 9 months ago.
when I click on the attachment it says not found
Expert:  Jamie-Law replied 9 months ago.

http://www.sra.org.uk/solicitors/handbook/code/

Try that.

Does that clarify?

Customer: replied 9 months ago.
can you point me to the part which says they are required to issue a client care letter?
Expert:  Jamie-Law replied 9 months ago.

This includes providing clients with the information they need to make informed decisions about the services they need, how these will be delivered and how much they will cost. This will enable you and your client to understand each other's expectations and responsibilities. This chapter is also about ensuring that if clients are not happy with the service they have received they know how to make a complaint and that all complaints are dealt with promptly and fairly.

They can only communicate that in a letter. Does that clarify?

Customer: replied 9 months ago.
is it a requirement that a client care letter is issued?
Expert:  Jamie-Law replied 9 months ago.

There is no other way that the Solicitor can comply with the above requirements.

If they do not they can not provide evidence and would be in breach

Does that clarify?

Customer: replied 9 months ago.
in breach of what ?
Expert:  Jamie-Law replied 9 months ago.

The rules. How Else can they prove compliance?

Does that clarify?

Customer: replied 9 months ago.
can you point me to the specific rule so I can quote them
Expert:  Jamie-Law replied 9 months ago.

is there a specific rule - no

But otherwise they can not satisfy the SRA as to the code section your client and com uniting the case to them.

Does that clarify?

Customer: replied 9 months ago.
I can get my wording in order how do I word there breach?
Expert:  Jamie-Law replied 9 months ago.

Just that the code states they must communicate with the client. This should be done by letter so there is evidence of this. If there is no evidence There is a breach.

Or just go to the legal ombudsman who can investigate.

Does that clarify?

Customer: replied 9 months ago.
where can I read this Code states passage?
Expert:  Jamie-Law replied 9 months ago.

http://www.sra.org.uk/solicitors/handbook/code/

Does that clarify?

Customer: replied 9 months ago.
in this link where does it state that a client care letter has to be issued?
Expert:  Jamie-Law replied 9 months ago.

No, as I have said several times there is no specific rule that says a letter must be issued.

But what it does say is what the SRA expects in terms of client care. Informing about case, costs, needs etc.

That can only realistically be done with evidence on the form of a letter