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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7505
Experience:  Solicitor
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Question for Jamie-Law Solicitor- Following on from our last

Customer Question

Question for Jamie-Law Solicitor- Following on from our last questions and answers -I have received a Judgment Order for the defendant to pay for the repairs. I wish to obtain a charging order for this amount. I also have another charging order in place for this defendant on a different debt which was for rent arrears.
Submitted: 3 months ago.
Category: Property Law
Customer: replied 3 months ago.
I need help in obtaining a charging order.
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 3 months ago.

You just need to apply for a charging order using form:

https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73

You also need a copy of the title from the Land Registry.

You can get this at:

https://eservices.landregistry.gov.uk/

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 3 months ago.
Hi, thanks. A few days ago the debtor has offered to pay £20/month, which is not acceptable as I want the whole amount, can I still go ahead with this charging order of their property ?
Expert:  Jamie-Law replied 3 months ago.

Yes, you can.

Does that assist?

Customer: replied 3 months ago.
How long do I have to to apply for a charging order?
Can delaying it affect the results ?
What can the debtor be doing in the mean time to avoid this charge other than paying it ?
Expert:  Jamie-Law replied 3 months ago.

Once you get Judgment and he is in arrears.

No, delaying does not affect anything

The debtor can only pay it, nothing else.

Does that help?

Customer: replied 3 months ago.
The debtor can't sell the house, or take a private loan on it. or give to a family member ?
And what kind of objections / issues can the debtor come out with against this charge ?
Expert:  Jamie-Law replied 3 months ago.

not once a charge is on it.

Does that assist?

Customer: replied 3 months ago.
Sorry what I meant was- whilst I am in the process of obtaining the charge- The debtor can't sell the house, or take a private loan on it. or give to a family member ?
And what kind of objections / issues can the debtor come out with against this charge ?
Expert:  Jamie-Law replied 3 months ago.

Yes they can. You can't stop them getting a loan.

But an interim charge is made without notice, so get that done asap and register it.

Then you secure the debt.
Does that assist?