UK Property Law
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Have you obtained judgement at Court for the debt owed, or have you simply written letters to the debtor?
I have only written letters at this stage, the person seems to have disapeared other creditors and the police are looking for him
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In order to obtain a charging order on a persons land you must first have obtained judgement at Court on the debt. This means that you must issue an application to recover the debt at Court. If sucessful the Court will make judgement on the debt and then you can seek to enforce that judgement by making an application for a charging o
If the sum owed is less than £5, 000.00 and you are claiming a fixed sum then you can issue a claim yourself by using www.moneyclaim.gov.uk. If the claim is for more than than amount then you will have to issue on either the fast track or mutli-track systems for civil litigation. You can call your local county court about this and they will be able to provide you with more information. If the claim is for a very large sum of money then you may consider getting a local litigation solicitor to draft the claim for your or check one which you have drafted yourself.
You can find local litigation solicitors by using the following Law Society search engine:-
Once you have judgement you can make an application for a charging order by subitting Form N379 (downloadable from HMCS's website). You will have to include details of the debt, the land over which the order is sought and the names and addresses of the persons involved. You will have to include an application for an interim charging order (which may be made before a final charging order). Once the district judge consider the application they will make the interim order which you can register against the property.
A further final hearing will then be held and if a final charging order is made then you can register this in substitution for the intermin order.
You will have to use last know addresses for the debtor until their actual location is established.
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