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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just discovered that a final charging order has been

Resolved Question:

I have just discovered that a final charging order has been placed on a property I own following a default judgement made in 2009. However, all of the correspondence in this matter and service of court documents has been sent to an address at which I have never lived or carried out any business. Would the absence of service mean that I could have the charging order overturned? Furthermore, if the charging order itself states my address wrongly would this make it invalid?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How did they get that address please? Is the charge on this or that property please?
Customer: replied 1 year ago.
The address which all of the documents were sent to is the address of the person who originally introduced me to the Claimant. The charging order has been placed on another property which I own and rent out.
Expert:  Ash replied 1 year ago.
Have you ever lived at the address fur sevce or owned it? When dud you did out about the charge?
Customer: replied 1 year ago.
I have never lived at that address or owned it. I found out about the charging order when the mortgage holder on the property which I rent out wrote to me about the interim charging order being placed on it.
Expert:  Ash replied 1 year ago.
When? Are you not registered at the land registry as owner with an address.?
Customer: replied 1 year ago.
I received the letter from the mortgage holder on 5th November. Having checked the Register, the address for me given there is in fact the address to which the documents were sent, as it is the registered address for the limited company under which I originally bought the property in 2003 on which the charging order was placed. Thank you for drawing my attention to this. However, the party who has placed the charging order was informed over 5 years ago that I did not live at that address and the company that was registered there was dissolved in 2007.
Expert:  Ash replied 1 year ago.
Thanks. In that case you can apply to set aside using form n244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
There is a court fee of £155 and there will be a hearing. Where the documents have not been served correctly the court must set judgment aside,
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your extremely helpful advice. Would it be possible to instruct you formally in this matter?
Customer: replied 1 year ago.
To clarify, when you say I can apply to set aside, are you referring to the default judgement or the final charging order?