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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11022
Experience:  I have been practising for 30 years.
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How do apply for an order of sale against a propertyy I have

Customer Question

How do apply for an order of sale against a propertyy I have a charging order on?
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Can you explain your situation a little more?

Customer: replied 4 months ago.
I have a high court judgement against a private individual for just over 10k, I also have an interim charging order against a property he is building for himself but not living in we have sent bailiffs and tried a third party debt order but he doesnt respond. need to try and force him to sell the property is worth between .8 & 1 mill. with no mortgage or charges other than mine.
Expert:  F E Smith replied 4 months ago.

Thank you.

You make what is called a Civil Procedure Rules Part 8 application using this form https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

and along with the supporting witness statement in this format https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

the application is made under s14 of the Trust of Land Appointment of Trustees Act.

I can tell you now, that although there is no legal reason why you cannot do it yourself, unless you have experience of this, you might want to instruct solicitors to deal with it for you it’s not a job for the fainthearted and in fact, many solicitors will make the application for you either so you may need to shop around a bit.

Can I clarify anything else for you?

I am 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.

FES.