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    Interim Chargin order

    Banned
    I have received the Interim Charging order from the court, I am stuck and have no idea on what to do next. I have heard I need to register it with land registery, I will do this tomorrow hopefully. Also, I need to serve it on the debtor is this correct, when they say serve it, do I just give the debtor a copy, do I need to get sight of ID from the debtor and what else do I need to do?

    29 Comments

    Banned

    Surely the court serves it?
    Don't think you need to register it with the LR yet as its not final.
    Sorry I can't be more help, not that up to date with these and can't access any gov sites to check.

    Original Poster Banned

    any other help please

    Supermod

    Service is at their "last known address". You will then need to file with the court a certificate of service. If you give me your email address I can send you one tomorrow for you to complete and return to the court.
    Service can be postal or personal. Postal is always best. You must know their address as you are looking to put a charge on it.

    You will then need to register it at the Land Registry and they will place this interim order on the Proprietorship Register (section B). The fee for this application is £50 per property you are looking to charge.

    There isn't much difference between final and interim so I wouldn't waste your money on sending another application to the Land Registry once the court grants the Final Charging Order. Have you received a date from the court yet for the final order?

    Original Poster Banned

    My email address is yb54@hotmail.com
    Thank you

    Original Poster Banned

    My email address is yb54@hotmail.com
    Thank you

    So if I send it and then register with land registery that's all and send in acknowledgment of service to court?

    I also read somewhere on net I have to send to 'solicitors office' too?

    Uv been good help. Thank you

    Supermod

    [email protected]

    My email address is [email protected] youSo if I send it and then … My email address is [email protected] youSo if I send it and then register with land registery that's all and send in acknowledgment of service to court?I also read somewhere on net I have to send to 'solicitors office' too? Uv been good help. Thank you



    If you are taking conduct yourself you don't need to send to a solicitor. Is the other party legally represented?

    Supermod

    [email protected]

    My email address is [email protected] youSo if I send it and then … My email address is [email protected] youSo if I send it and then register with land registery that's all and send in acknowledgment of service to court?I also read somewhere on net I have to send to 'solicitors office' too? Uv been good help. Thank you



    Also, you need to serve it on them now. This kind of matter is known as "without notice" as if you let the other party know about it they could dispose of the property.

    Original Poster Banned

    Upto now they haven't had any solicitor involved. Could you send me the form via email pls. Majicjay in your opinion you say don't register the interim order? I'm just stuck now don't know what to do.

    Supermod

    [email protected]

    Upto now they haven't had any solicitor involved. Could you send me the … Upto now they haven't had any solicitor involved. Could you send me the form via email pls. Majicjay in your opinion you say don't register the interim order? I'm just stuck now don't know what to do.



    DEFINITELY register the Interim Order. It is the Final Charging Order that I wouldnt worry about registering as the interim has the same effect.

    Original Poster Banned

    I rang the land registery and they said I can register it in two ways, one was restriction and the other notice. I am stuck as to which one I should do? And lastly in the haste of getting in the app form at the court for the charging order I missed a co owner of the form. They are listed in the deeds, I mean the judge didn't have a problem with this as I have got the interim charging order through. What's you advice?

    Supermod

    [email protected]

    I rang the land registery and they said I can register it in two ways, … I rang the land registery and they said I can register it in two ways, one was restriction and the other notice. I am stuck as to which one I should do? And lastly in the haste of getting in the app form at the court for the charging order I missed a co owner of the form. They are listed in the deeds, I mean the judge didn't have a problem with this as I have got the interim charging order through. What's you advice?



    You can only register the charge against the Judgment debtor. Is that what you have done? It attaches to the property anyway so as soon as there is a disposition you will be notified.

    Just get an AN1 from the Land Registry (you have my email address, email me if you need one). It will be the Notice. The AN1 form is an Application to enter an agreed notice.

    Original Poster Banned

    Yes I put it in the name of the debtor. Also on the N215 form it says I have to send it via next day delivery, is this required or will 1st class suffice?

    Original Poster Banned

    Also do I have to send the debtor a copy of the N379 which is the application form I submitted to court for the charging order?

    Supermod

    [email protected]

    Yes I put it in the name of the debtor. Also on the N215 form it says I … Yes I put it in the name of the debtor. Also on the N215 form it says I have to send it via next day delivery, is this required or will 1st class suffice?



    Service can be by first class post so I would suggest you do this.

    You only need to serve on the Debtor the Interim Charging Order and then following the hearing the Final Charging Order. Do not forget to also serve this on anyone else who has a registered beneficial interest in the property. Such as a mortgage lender etc.

    Original Poster Banned

    I will also send to mortgage lender. On the envelope to the debtor I will write the debtors partners name aswel, is that ok? And will send recorded mail?

    After iv sent it in the post I will send off the form and all copies of interim charging order to land registery with payment, is there anything else I should do in your experience?

    Supermod

    [email protected]

    I will also send to mortgage lender. On the envelope to the debtor I will … I will also send to mortgage lender. On the envelope to the debtor I will write the debtors partners name aswel, is that ok? And will send recorded mail? After iv sent it in the post I will send off the form and all copies of interim charging order to land registery with payment, is there anything else I should do in your experience?



    You need to file the Certificate of Service with the court. Dont forget to do that.

    Also, just address it to the Judgment debtor. It is the Judgment debtor who owes you money, not the co-owner.

    Original Poster Banned

    Its just that on the interim charging order it says the judgment creditor shall serve the judgement debtor and creditors and co-owner.

    Supermod

    [email protected]

    Its just that on the interim charging order it says the judgment creditor … Its just that on the interim charging order it says the judgment creditor shall serve the judgement debtor and creditors and co-owner.



    Yes, the co-owner as you are in theory charging their property as well but ultimately you are going to take your Judgment debt from the property and this would probably come from the share of the Judgment debtors but depending on how they hold the property.

    Original Poster Banned

    Ok thank you for this. So shall I post it to the co-owner in a separate envelope?

    Supermod

    [email protected]

    Ok thank you for this. So shall I post it to the co-owner in a separate … Ok thank you for this. So shall I post it to the co-owner in a separate envelope?



    Nope. The exact same envelope. On the proprietorship register of the Office Copy it will give the name of the owners. If the address after their name is different to the address of the property you are charging you need to send it to the other address as that will be their address for service. I say this in case the property you are charging is let.

    Original Poster Banned

    That's great, that's what I'd prepared. So the enevelope is addressed to both owners, includes a copy of the interim charging owner (the defendants copy and a copy of the application I put in to the court for the charging order and same again for mortgage company. After that send all forms and payment to land registery, and send acknowledgent of service to court?

    Supermod

    [email protected]

    That's great, that's what I'd prepared. So the enevelope is addressed to … That's great, that's what I'd prepared. So the enevelope is addressed to both owners, includes a copy of the interim charging owner (the defendants copy and a copy of the application I put in to the court for the charging order and same again for mortgage company. After that send all forms and payment to land registery, and send acknowledgent of service to court?



    Yes. Then the court of its own motion will set as date for the hearing for the Final Charging Order. Then they will grant the order. Then you need to look at enforcement. The courts may refuse to grant a Power of Sale but you should cross that bridge when you come to it.

    Original Poster Banned

    What do you mean by looking into enforcementn is that to force the sale of the house?

    Supermod

    [email protected]

    What do you mean by looking into enforcementn is that to force the sale … What do you mean by looking into enforcementn is that to force the sale of the house?



    Yes, because the charging order just secures the debt owed and if the owners live in the house for the next 30 odd years you wont get your money until then...

    STAR AWARD to magicjay for all this proper legal advice.

    Well done, Sir.

    What an excellent HUKD community contributor you are.

    In the absence of rep, or even the sad 'like', here's a 5 smiling cat award.

    Original Poster Banned

    Rep will be added. And all is appreciated during this hard period.

    Original Poster Banned

    I am using the mobile version of HUKD on my phone so when I log onto the computer I will add it, unless someone knows how to do it on the mobile version?

    Rep has gone. It is a thing of the past. Now you just have to say a very big thank you.

    Supermod

    chesso

    STAR AWARD to magicjay for all this proper legal advice.Well done, … STAR AWARD to magicjay for all this proper legal advice.Well done, Sir.What an excellent HUKD community contributor you are.In the absence of rep, or even the sad 'like', here's a 5 smiling cat award.:3



    Thank you. I appreciate it.

    I am always willing to help anyone in this situation as I know legal fees cannot be met by some and these can sometimes outweigh what is at stake. Sometimes a matter of principle is too expensive.

    Anyway, best of luck op. You have my private email address so drop me an email if you get stuck.
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