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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2380
Experience:  Partner in national law firm with 25 years legal experience
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I have a 10Yr old judgement regarding a debt. It has been

Resolved Question:

I have a 10Yr old judgement regarding a debt. It has been partially paid but with interest it is now £27,000.00. The County Court are blundering in not granting a Charging Order. I would like to transfer the case to the High Court and need to know the procedure to do so.
Submitted: 11 months ago.
Category: UK Law
Expert:  Alex Hughes replied 11 months ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Please clarify:

-On what date exactly was the judgment issued?

-How have you enforced it so far?

-What is the blundering you speak of?
Customer: replied 11 months ago.

10th October 1992 , Attachment of earnings order granted. The blundering is that the County Court originally said the time limit had been exceeded for enforcement. I quoted case law and resubmitted my N379 for a Charging Order with proof to show enforcement had been initiated. The Court are now blundering over the compund annual interest I have continue to charge as a result of the wording in the contract stating " until full and final payment" and having provided them with proof that this basis was adopted by the Court in granting the Judgement ,they still insist on more proof.


 


I believe the complexity of this case is beyond them is assessing the grounds for compound interest to remain chargeable following judgement and so I meanto refer the case to the High court and need to know the procedure to do so. Can you answer this question now?

Expert:  Alex Hughes replied 11 months ago.
OK, the process is kicked off by the completion of Part 1 of Form N293A:

https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf

When completing, you should provide the judgment details and attach a copy of the sealed judgment or order. The form should be signed by your or your solicitor.

This completed form is then sent (or taken) to the County Court that issued the judgment. Providing everything is in order and the judgment still stands, then the court will seal Part 2 of the Form N293A, authorising the transfer to the High Court for the purposes of enforcement.

The fee is £60.

Once form has been sealed and the judgment transferred up you can then commence enforcement action via the High Court.

Alex
Alex Hughes, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2380
Experience: Partner in national law firm with 25 years legal experience
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