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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12136
Experience:  I have been practising for 30 years.
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The brief summery is like this. I have lost two claims in

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The brief summery is like this.I have lost two claims in County court around hundred thousand pounds.After getting judgement claimant had taken interim charging order on my two free hold properties.But during County court judgement and interim charge date, I (after County court judgement) I had transfer one of property to my wife and before my papers of interim charging order received by Land registry office I transfer my second property to my wife
To make this transfer valid, I have made TRUST year back dated deed made in Srilanka.
now claimants has maid claim (cpr pare8)
(1) An order declaring the respective benificial interests of the defendants in the properties .
(2)An order for sale of the properties and payment of the net proceeds of sale to the claiment after payment of prior incumbrances.
(3)An order that the Claiment's solicitor be given conduct of the sale.
(4)further or other relief.
so now how much chance that claimant will get judgement in his favour.

Hello - are you asking if by doing this will save your properties?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
please give me some idea how much chance I can save my properties.

I think that there is very little chance that this would succeed in protecting the properties unless you can prove to the satisfaction of the court why the trust deed was made in Sri Lanka instead of the UK, that it was made seven years ago and not made now backdated, in order to try to defeat a claimant’s claim, that the subject matter of the trust genuinely existed and why it was done seven years ago rather than simply transferring the property into joint names with you and your wife.

In respect of the transfers to your wife, unless they have done more than five years ago, as they were made to a connected person (connected to you) then if that was done to avoid paying creditors (which seems to be the case) the trustee in bankruptcy (if it gets that far) would simply set the transfers aside.

If there was a magic way of properties avoiding charging order and avoid being sold to pay debts, no one would ever get repossessed.

I’m sorry, I know it’s not the answer you wanted. Sometimes there is no easy way to deliver bad news.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


Customer: replied 10 months ago.
is srilanka country deed valid in uk?

It depends if it satisfies the English law requirements of being Signed Delivered and Witnessed.

It would also need to be in the English language.

It is the providence of the deal and whether it is genuine and honest or not which is likely to be the problem and what they would want to know is why the deed was generated in Sri Lanka bearing in mind the property is in the UK.

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Customer: replied 10 months ago.