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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have successfully converted a CCJ into a Final Charging Order

Customer Question

I have successfully converted a CCJ into a Final Charging Order (the court case has been and gone) against the property of the person who owes me money. I have an interim charging order already in place with the Land Registry and I understand I now need to submit an RX1 form with the Final Charging Order. Correct or is the interim order sufficient?

I need assistance completing the RX1 Form

1) In section 8, what box do I need to mark. Is it 'E',, The applicant has made the statement in Panel 12?

2) What do I write in section 9 and 12?

I basically want to ensure that he cannot sell his house (either through choice or repossession) without paying back the money owed to me.

Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : The interim charge is already registered at land registry?
Customer :

Yes, the interim is already registered at the Land Registry I completed a UN1 form prior to the Court Hearing

Customer :

The defendant didn't turn up at the Court hearing, so judgement was passed and a few weeks later I received a Final Charging Order in the post confirming that the money owed to me had been charged to the defendant's property

Alex Watts :

Ok - then you do not need to do anything more.

Alex Watts :

The interim Order is enough. It is only if the interim order was dismissed would you need to inform the Land Registry/

Alex Watts :

But once the CCJ is paid back in full with costs would you then remove the charging order.

Alex Watts :

But you need not notify the land registry the interim order has been made final

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

When I spoke with the Land Registry they said I needed to complete RX1 form.

Customer :

When should the RX1 form be used? I know the defendant will not pay the money back, so I think the only way is when his house is sold or repossessed.

Customer :

If he tries to sell his house, what will happen? Will the solicitor of the 'House Buyer' contact me and forward me the money owed on completion?

Alex Watts :

If you have an interim charging order as I understand it, you should have already completed form RX1 and sent it to the Land Registry?

Alex Watts :

Have you not already done this?

Alex Watts :

If not then you need to.

Alex Watts :

If the order is then made final you need not tell the Land Registry

Alex Watts :

If he tries to sell the house the Solicitor would be required to satisfy the charging or behind any mortgage etc.

Alex Watts :

Can I clarify anything?

Customer :

Prior to the court hearing I completed a UN1 (unilateral notice) form and sent this with the Court Interim Charging Order to the Land Registry.

Alex Watts : So it's been registered.
Customer :

So what is the difference between a UN1 and a RX1? Are they both the same thing?

Alex Watts : UX1 is a unilateral notice where RX1 is a restriction. Personally I would have used rx1
Customer :

OK, but what is the difference between a unilateral notice and restriction, what powers and what protection does each provide, why would you choose one over the other etc? Now that I have a final charging order (as opposed to a just interim charging order) should I add/upgrade to a Restriction (RX1) in addition to the UN1 I successfully submitted some months ago prior to the court hearing?

Customer :

I suspect his house will get repossessed or he will sell-up and disappear as he owes a lot of people, so all I want is to ensure is that I get my money back when this happens, i.e. his mortgage company, then me receives money BEFORE he receives any remaining equity. How do I guarantee this?

Alex Watts :

I would file an RX1 with the final charging order.

Alex Watts :

You need to do this quick - RX1 just makes it clearer that it is a restriction rather than just a notice.

Alex Watts :

Obviously you go behind any charges that are already there, so if the mortgage is first charge and there is not enough equity then you can't stop any sale and you would not get anything

Alex Watts :

Does that clarify?

Customer :

OK, thank you. So going back to my original questions and assistance required completing the RX1...

Customer :

In section 8 of RX1, what box do I need to mark, is it 'E'? Also what wording do I need to use in sections 9 and 12 to ensure my money is paid back?

Customer :

Also, do I need to complete section 11?

Alex Watts :

8 - B first box

Alex Watts :

Attach the final charging order

Alex Watts :

9 - Form of words K

Alex Watts :

Found at: http://www.landregistry.gov.uk/professional/guides/practice-guide-19

Alex Watts :

12 - leave blank

Alex Watts :

Does that help?

Customer :

So in section 9, I just add [in standard form K] within the brackets already on the form?

Customer :

On section 9, do I need to add anything in the box below, where it says: "The applicant applies to enter a restriction [in standard form K] against the estate/charge referred to in panel 3 in the following words:"

Alex Watts :

You need to amend the parts in brackets to suit.

Alex Watts :

Section 9 - yes K

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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