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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4036
Experience:  Solicitor
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In 2007 I have lost claim for 7K. The claimant (married

Customer Question

In 2007 I have lost claim for 7K. The claimant (married couple) claim for unfinished building work and won. After another few years she has logged her claim with land registry. From Dec 2014 to Feb 2016 I have fully repaid all 7K to her bank account. I have written to the court and attached bank printouts as proof asking for certificate of satisfaction but court in London asked claimant in writing to confirm this. She has written to the court to say that she has not received the full amount. (which is not truth). I have spoken to her husband and he has signed the letter of satisfaction (I have type a letter to the court with table showing all payments and stating that all have been now fully paid).I have submitted this to the court and received certificate of satisfaction. Than I have written to land registry (submitting the original certificate of satisfaction) asking to remove charge. Land Registry written to them and asked if debt was repaid. She has replied that it was not fully repaid. Again I have asked her husband to sign forms to Land Registry and he did. Than she had written to the court and complained that debt was not fully repaid. Court has ordered that original judgement is reinstated and instructed Land Registry accordingly. So after 13 years heaving repaid original order I am back in the start point which is date of judgement. How efficiently and quickly deal with this matter?
Submitted: 14 days ago.
Category: Law
Expert:  Jamie-Law replied 14 days ago.

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

Has the charging order been reinstated?

Customer: replied 13 days ago.
the court has written to the Land Registry to say that order has been reinstated and Land Registry has cancelled my application to remove charge!
Expert:  Jamie-Law replied 13 days ago.

Ok. So if there is a court order saying the ccj is valid, what is it you want to ask me?

Customer: replied 13 days ago.
How can I efficiently and quickly deal with this matter - stop them from restraining the order (it is already paid) and remove charging order? You need to consider the details from original question - they now saying order has not been paid in full. (just please read original question)
Expert:  Jamie-Law replied 13 days ago.

Have you got the details to confirm it's paid in full. When did you get the order to reinstate the ccj?

Was that done at a hearing?

Customer: replied 13 days ago.
I did got order dated 19.05.2017 to say that order has been reinstated. It also say that becouse order has been made without considering representation from the parties, the parties have the rights to have order to set aside.But I was given only seven days. I was away and only just got back week ago. In terms of evidence I have submitted stamped by the bank printouts from my bank account, but they wanted the claimant to provide letter of satisfaction. I have asked her husband to sign such as letter scheduling all payments with dates and he did signed. I have submitted this letter and print outs from my bank to the court and they the court issued the certificate of satisfaction and removed the order. After this his wife written to the court to say that I have not paid the full amount and court reinstated the order! (if you belive it or not!)
Expert:  Jamie-Law replied 13 days ago.

Ok. Did you apply to set it aside?

Customer: replied 7 days ago.
No I have not apply yet, because I was away and run out of 7 day period.
Customer: replied 7 days ago.
No I run out time as I was travelling.
Expert:  Jamie-Law replied 7 days ago.

Ok - you should apply to set it aside out of time.

Its not ideal that you are late, but you need to do it asap. This is because you cant re-litigate on decided matters.

So make an application using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

The Court will list the matter down and decide whether to set aside.

But this is your only way forward.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 2 days ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!