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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5408
Experience:  Solicitor
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I am looking for a solicitor / barrister who is able to

Customer Question

Hi
I am looking for a solicitor / barrister who is able to undertake litigation services to sell a property on which there is a charge for an unpaid debt from April 2005. I was assigned the debt in 2008 and charge transferred into my name. The individual who owns the property has it let out as an investment property.
The debt was accrued for business consultancy, marketing and advertising services provided to the debtor. The debtor agreed that the debt was owing but since the charge has not responded to any correspondence.
The key points of the case are as follows:
1. The charge was placed at the suggestion of the person who owed the debt.
2. The debt therefore did not go through the small claims court as no judgement was required as it was agreed between both parties.
3. Both parties obtained separate legal advice and solicitors drew up the charge document which was signed by both parties in 2005. I purchased the debt in 2008 and the required assignment of debt paperwork was sent to the debtor.
4. The Debtor has never responded to any correspondence since 2005.
5. From 2008 - 2016 it was chased but not enforced as the property market had crashed due to the economic down turn.
6. I would like to collect the debt of approx. £40,000 plus interest at 3% of base rate since 2005.
Assistance required
a. I need to know how the debt can be collected especially when an initial judgement was not obtained but the charge was placed by consent and with professional assistance of solicitors acting for either side.
b. I also need to know what the legal process is in detail and how long it takes with approximate costs etc
c. Can the Debtor dispute the debt now after 12 years after not having done so until now.
d. I also am not aware of the mortgage amount on the property and this would need to be obtained from TSB. The flat was purchased for approx. £130,000 and is now roughly £230,000.
e. Any other relevant information I need to know in order to succeed in this case.
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

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

Just to be clear, we are an online only service, so we cant do the work for you.

I can answer the questions you raise, is that ok?

Customer: replied 4 months ago.
HiThank youI need the questions answered plus on how I should proceed i.e. steps to take to get debt paid - i.e. what forms to send to court etc etc to start the process. I will then act on your advice and do as you state in the response so please make sure it is accurate so that time is not wasted once i start to collect the debt
Expert:  Jamie-Law replied 4 months ago.

a. I need to know how the debt can be collected especially when an initial judgement was not obtained but the charge was placed by consent and with professional assistance of solicitors acting for either side.
Sure. You simply need to apply for an order for sale from Court.
b. I also need to know what the legal process is in detail and how long it takes with approximate costs etc
You need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

You also need to include:

1.2 The application notice must contain the following information –

(1) the name and address of the judgment debtor;

(2) details of the judgment or order sought to be enforced;

(3) the amount of money remaining due under the judgment or order;

(4) if the judgment debt is payable by instalments—

(a) whether the order was made on or after 1 October 2012; and

(b) the amount of any instalments which have fallen due and remain unpaid;

(5) if the judgment creditor knows of the existence of any other creditors of the judgment debtor, their names and (if known) their addresses;

(6) identification of the asset or assets which it is intended to charge including, where applicable, the title number under which any land upon which it is sought to impose a charge is registered;

(7) details of the judgment debtor's interest in the asset; and

(8) the names and addresses of the persons on whom an interim charging order must be served under rule 73.7.

c. Can the Debtor dispute the debt now after 12 years after not having done so until now.
No
d. I also am not aware of the mortgage amount on the property and this would need to be obtained from TSB. The flat was purchased for approx. £130,000 and is now roughly £230,000.
Indeed, yes
e. Any other relevant information I need to know in order to succeed in this case.

Can you see the above? Once you submit the application the Court will list the matter for hearing and decide whether to grant an Order for sale.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 4 months ago.

You must also state:

4.3 The written evidence in support of a claim under rule 73.10C must –

(1) identify the charging order and the property sought to be sold;

(2) state the amount in respect of which the charge was imposed and the amount due at the date of issue of the claim;

(3) verify, so far as known, the debtor's title to the property charged;

(4) state, so far as the claimant is able to identify –

(a) the names and addresses of any other creditors who have a prior charge or other security over the property; and

(b) the amount owed to each such creditor; and

(5) give an estimate of the price which would be obtained on sale of the property;

(6) if the claim relates to land, give details of every person who to the best of the claimant's knowledge is in possession of the property; and

(7) if the claim relates to residential property –

(a) state whether –

(i) a land charge of Class F; or

(ii) a notice under section 31(10) of the Family Law Act 1996, or under any provision of an Act which preceded that section,

has been registered; and

(b) if so, state –

(i) on whose behalf the land charge or notice has been registered; and

(ii) that the claimant will serve notice of the claim on that person.

Does that clarify?

Customer: replied 4 months ago.
hi see my responses belowSure. You simply need to apply for an order for sale from Court.
Ok but is this to obtain a judgement and if so does that mean I have to go to court and put my case for the debt as we did not get a judgement first time round when charge was placed.You need to complete form N208:
I have had a look at this form and it is a claim form not order for sale form please clarify and also am I making a fresh claim?You also need to include:
1.2 The application notice must contain the following information –
(1) the name and address of the judgment debtor; noted(2) details of the judgment or order sought to be enforced; that is my main issue I need advice on – there was no judgement as she agreed to the charge so what am I asking the court for as I don’t have a judgement to base it on(3) the amount of money remaining due under the judgment or order; noted(4) if the judgment debt is payable by instalments— no its been 12 years she has had enough time to pay(a) whether the order was made on or after 1 October 2012; and no order was made by court – charge was put on via solicitors by agreement(b) the amount of any instalments which have fallen due and remain unpaid; no instalments made(5) if the judgment creditor knows of the existence of any other creditors of the judgment debtor, their names and (if known) their addresses; mortgage company(6) identification of the asset or assets which it is intended to charge including, where applicable, the title number under which any land upon which it is sought to impose a charge is registered; noted but I already have the charge on the property so I am not seeking a new charge(7) details of the judgment debtor's interest in the asset; and noted(8) the names and addresses of the persons on whom an interim charging order must be served under rule 73.7. I have a charging order so why am I serving an interim charging order !!!!c. Can the Debtor dispute the debt now after 12 years after not having done so until now.
No whyd. I also am not aware of the mortgage amount on the property and this would need to be obtained from TSB. The flat was purchased for approx. £130,000 and is now roughly £230,000.
Indeed, yes how would I do this as they have not responded to my letterse. Any other relevant information I need to know in order to succeed in this case.Can you see the above? Once you submit the application the Court will list the matter for hearing and decide whether to grant an Order for sale. So do I have to put forward a case as to how the debt arose etc etc – or does it simply start from the basis that the charging order is inplace
Expert:  Jamie-Law replied 4 months ago.

N208 - this is the correct formThe main details you need to include are:

4.3 The written evidence in support of a claim under rule 73.10C must –

(1) identify the charging order and the property sought to be sold;

(2) state the amount in respect of which the charge was imposed and the amount due at the date of issue of the claim;

(3) verify, so far as known, the debtor's title to the property charged;

(4) state, so far as the claimant is able to identify –

(a) the names and addresses of any other creditors who have a prior charge or other security over the property; and

(b) the amount owed to each such creditor; and

(5) give an estimate of the price which would be obtained on sale of the property;

(6) if the claim relates to land, give details of every person who to the best of the claimant's knowledge is in possession of the property; and

(7) if the claim relates to residential property –

(a) state whether –

(i) a land charge of Class F; or

(ii) a notice under section 31(10) of the Family Law Act 1996, or under any provision of an Act which preceded that section,

has been registered; and

(b) if so, state –

(i) on whose behalf the land charge or notice has been registered; and

(ii) that the claimant will serve notice of the claim on that person.

Does that clarify?

Customer: replied 4 months ago.
Hi JamieThank youregarding the claim form as the case was not originally in court what do i put into the box which says 'in the; and the 'claim no' boxalso you state that the defendant cannot now after 12 years of having the charge dispute it - why can she not dispute - she can simply state new information has come to light etc etcdo you know what the court fee amount is as the claim will be for approx 54,000You are sure it is claim form n208 CPR part 8
Expert:  Jamie-Law replied 4 months ago.

Leave the 'in the' blank and claim.

Its an agreed charge. So I cant see how it can be disputed.

Yes its a Part 8 process. Even if the Court considers it the wrong procedure, it can transfer to Part 7. But it is a Part 8 claim.

Does that clarify?

Expert:  Jamie-Law replied 4 months ago.

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