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Ask Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7259
Experience:  Solicitor
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My father and another man built two industrial units, one to

Customer Question

My father and another man built two industrial units, one to be owned by father and the other by the other man. A legal battle ensued over the units as the other man decided he wanted both. Eventually my father won his case and the legal aid costs (which amounted to over £50,000 - now £65k. The legal aid costs for the case were attached to my fathers industrial unit prior to him winning his case. He died before the costs could be recovered and now my brothers and I are trying to prevent the loss of what my father fought for so long to recover. The High Court enforcement officers have been trying to recover the costs from the other party but he will not pay. We never believed he would. The HCE officers have confirmed that the other man is still the owner of the other industrial unit therefore, I don't see why my fathers solicitor did not just ask for the costs to be transferred to the other man's unit as he was never going to pay. The HCE have just said "You may wish to pursue placing a charging order on the property as no offer has been forthcoming." The charge is still accruing interest so if we just put a charge on the other guys unit we will probably still loose ours/my fathers as I doubt the court will force him to sell as he runs his business from it.
Do we have any legal recourse that could actually solve this mess or are we likely to just lose more money by chasing this man?
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

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

Has an application for a charge been made yet?

Customer: replied 9 months ago.
No, as I am not sure if this is the best way to go. It sounds like it is but just having a charge is not good if we can never get the money and we lose our unit in the meantime. I want to raise the charge myself if I have to as we can't afford more fees.
Expert:  Jamie-Law replied 9 months ago.

Well getting a charge is easy. You can get a charge over any assets this person has.

Then once you have it the charge sits there, or you can get an order for sale.

The charge secures the debt, so you should do that.

However if and when the unit is sold, you get your money. But its secure so I really would get a charge.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
This does not answer my question sorry. I know I can get a charge but if the unit is not sold (which the guy would probably does his best to make sure it wasn't) we lose our unit and what my father fought for for 10 years. Meanwhile this guy gets to keep his indefinitely. We could have this debt hanging over us and accruing interest for years in this scenario - in which case we would just lose the unit. My question is, as above: do we have any other legal recourse that will solve this matter - a charge just leaves us in limbo as far as I can see. Could the judge transfer the original charge from our unit to the man who owes the debt?
Expert:  Jamie-Law replied 9 months ago.

You can make a separate application for that.

But yes.

Does that clarify?

Customer: replied 9 months ago.
No, it doesn't clarify anything sorry. I stated in my original question that I know I can raise a charge on the other man's unit. My concern is that we will lose our unit because it will take too long and he will do his best not to sell it. I requested advice on how to proceed and solve the mess with a clear path of action based on the details I gave, i.e. a statement which says this is the method I need to take in order not to lose the unit to interest or be tied up waiting for this man to do his best not to have his unit sold. I am not being rude but I don't need to be told that I can raise a charge. I already knew that.Thanks