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Law Denning, Solicitor
Category: UK Property Law
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The creditor has a charging order and has sent in HCEO. In

Customer Question

The creditor has a charging order and has sent in HCEO.
In turn they have siezed assets and want to return to remove same and sell.
However the bank has a fixed and floating charge - in part demonstrating (listing) majority of the assets seized are caught by the debenture - the charge/debenture being 18 months prior to the charging order.
Under such circumstance the HCEO cannot take those goods - is that correct?

Submitted: 12 months ago via InBrief.
Category: UK Property Law
Expert:  Law Denning replied 12 months ago.

Have you contacted the bank?

Customer: replied 12 months ago.

No and possibly not wise to at the moment

Expert:  Law Denning replied 12 months ago.

You are correct in your understanding. However, when the officers turned up you should've wafted the debenture in front of their noses. If they turn again, you should do that again however meanwhile you should this fax them and post them a copy of the debenture with a covering letter.


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The thread remains open. Thanks



L

Law Denning, Solicitor
Category: UK Property Law
Positive Feedback: 96.5 %
Satisfied Customers: 15537
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Law Denning and 5 other UK Property Law Specialists are ready to help you
Customer: replied 12 months ago.



Conceited - by that's what I expected comment
- made me smile.

I am asking on behalf of a client - there are
times in life where a second opinion is useful/helpful.



Many thanks



Mike

 

Ps would be even more impressed if you were
Lord Denning, sadly I am only Lord-Castle rather than Lord Castle.



Expert:  Law Denning replied 12 months ago.

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