UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law

The Official Receiver wants to put a charge on my property…

Customer Question
The Official Receiver wants...

The Official Receiver wants to put a charge on my property as a result of my supposed negligence of a limited company are they allowed to do that? even if there is an existing charge against my property?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I was sent an affidavit of means to fill out

Lawyer's Assistant: Where is the property located?

Colchester, Essex

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing I don't know what else the lwayer may need to know

Submitted: 1 month ago.Category: UK Property Law
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 15 hours by:
1/18/2018
Solicitor: Alex J., Law replied 1 month ago
Alex J.
Alex J., Law
Category: UK Property Law
Satisfied Customers: 3,825
Experience: LPC, 2 Years Conveyancing
Verified

Thank you. Do you own the property jointly with anyone? Was the OR appointed in relation to a company liquidation?

Ask Your Own UK Property Law Question
Customer reply replied 1 month ago
the OR was because of a company liquidation. The property is jointly owned with my spouse who was also co-director of the company. I have tried to argue that she was never involved in the running of the company but we are being held jointly liable for the money they are after
Solicitor: Alex J., Law replied 1 month ago

Thank you. Has your spouse taken any money from the company? On what basis are the saying your are personally liable? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 1 month ago
This was at the beginning of my foray into running a business and I was slack with keeping on top of things and ran the account like it was my personal account, using the card to pay for personal stuff. In the end, I couldn't pay taxes due and VAT. It's on this basis that they are chasing this.. I know of cases where they've just let it go but I guess I got 'lucky'
Solicitor: Alex J., Law replied 1 month ago

Thank you. If you had access to the accounts, could identify all the items of expenditure? How much are they claiming? Also did your wife benefit from it in anyway? Is that why they are chasing her as well? Have they issued court proceedings? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 1 month ago
they are chasing my wife because she was also registered as a director of the company - they have refused to listen to my argument that she had nothing to do with running the company. and yes, they have issued court proceedings - hearing is in May but I have till next week Wed to provide a defence and affidavit of means.
Customer reply replied 1 month ago
I have access to the accounts and can identify expenditure. I plan to do that. they are asking for GBP57,000 + another GBP10,000 in solicitor costs
Solicitor: Alex J., Law replied 1 month ago

Thank you. Do you have any defence to what they are claiming or did you actually take this money? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 1 month ago
The only defence I have is that they estimated tax for 2 years at GBP10,000 each when in fact, the preceding year's tax was less than GBP8,000
Customer reply replied 1 month ago
I can fight for the reduction but not for completely dismissing the claim
Customer reply replied 1 month ago
the big thing for me is, I don't want to lose my home but that's what they are gunning for to sell it and use the equity to clear the debt. there isn't even enough equity to clear the debt so I'm not sure what they will do about that
Solicitor: Alex J., Law replied 30 days ago

Thank you. Do you have an existing mortgage on the property? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 30 days ago
there is a mortgage - about GBP190,000 outstanding and the house is worth about GBP280K
Solicitor: Alex J., Law replied 29 days ago

Thank you. Do you have any dependants under 18 living at the property? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 29 days ago
my 16-year old is still home, doing her A-levels. The older two are at uni but this is where they also call home, where they come back to every break from uni
Solicitor: Alex J., Law replied 29 days ago

Thank you. A court is unlikely to grant an order for sale in this circumstance. They may however grant a charging order. Have you considered negotiating with the OR - volunteering a charge with a payment plan so that you have time to repay? It will save you from having to pay the ORs legal fees as well. Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 29 days ago
Thanks, ***** ***** that's comforting to know although I have been told that they may ask for a sale and then leave us at the mercy of the council housing. I made an offer of £400 a month which was rejected as that would take over 10 years to complete payment. I'm thinking of doubling the offer but I would prefer a charge on the property as that would free my finances till I get to sell or remortgage. How can I frame this offer to the solicitors?
Solicitor: Alex J., Law replied 28 days ago

Thank you. When you made the offer - did you give or disclose to them any of your financial information or provide any evidence to support the offer in terms of affordability? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 28 days ago
apologies for the late response. I've been unwell today
Customer reply replied 28 days ago
I did not provide financial info but I have been sent an affidavit of means to fill out and to provide supporting documentation. I have a deadline of Jan 24 to get that to them
Customer reply replied 27 days ago
hello again. I've just seen that I was actually given till Jan 22 to submit my defence, not Jan 24 :-(
Solicitor: Alex J., Law replied 27 days ago

Thank you. Any offer you make to the OR has to be backed up with evidence of your financial means and your affordability - otherwise they wont accept it. At this stage your main defence will be based on the value of the claim so do you dispute the sum they are demanding? Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 27 days ago
I am disputing the sum they are demanding but I haven't been given enough time to present new figures. The timelines for responding are quite short. I don't have the money to pay an accountant to do the sums for me so I have to draw up the accounts myself - and that's a log slug. What strategies can I adopt to buy more time?
Solicitor: Alex J., Law replied 27 days ago

Thank you. I would submit a defence based on what you can and then ask for more time to submit evidence in those points that are missing. You could also write to the court and to the OR and ask for more time on the basis that you are looking to propose as settlement offer to the OR.

Ask Your Own UK Property Law Question
Customer reply replied 27 days ago
does the defence have to be presented in a standard format? So far, I've simply been sending emails to the OR's solicitors. Does my defence have to be filed with the court? I ask because the letter said I should file and serve a defence by 22 Jan
Solicitor: Alex J., Law replied 27 days ago

Thank you. The court should have sent you a response pack. Write to the OR and ask for another 7 days to respond. You need to respond to the court. Kind regards AJ

Ask Your Own UK Property Law Question
Customer reply replied 27 days ago
I've just looked through all the correspondence with the OR's solicitors and there is no mention of bankruptcy anywhere. am I jumping the gun by assuming that's what they are going for? I would agree to any deal that does not involve losing my property but I need to know the best way to put this forward. I have filled out the affidavit of means and will be sending that off tomorrow. Should I also add that the solicitors should not consider bankruptcy because there isn't enough equity in my property to cover what they are after? Is that a reasonable thing to do?
Solicitor: Alex J., Law replied 26 days ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Customer reply replied 25 days ago
Hi Alex. thanks for all your help. Today is the day that I have to submit everything so I would like to crystallize your advice. my understanding is the following - please let me know if I got anything wrong:
1. I have to submit my defence to the court (I'll go there this morning)
2. I can make an offer of monthly payments and a voluntary charge on the propertyThe affidavit of means which I filled out and will be attested to by a solicitor... does that have to be added to the defence I submit?
Ask Alex J. Your Own Question
Alex J.
Alex J.
Alex J., Law
Category: UK Property Law
Satisfied Customers: 3,825
3,825 Satisfied Customers
Experience: LPC, 2 Years Conveyancing

Alex J. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,736 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,324 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

3,825 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
My wife and I rent a room in a house.It is an HMO house.The
My wife and I rent a room in a house.It is an HMO house.The landlord has no HMO licence.I would like to know if we would be within our rights to withhold our rent as he has never had an HMO licence.He… read more
Jamie-Law
Jamie-Law
5,572 satisfied customers
I have a four bedroom licensed HMO in England that is let
I have a four bedroom licensed HMO in England that is let out to four individuals with separate tenancy agreements on a house share basis. The property has not been changed into flats or modified in a… read more
Jamie-Law
Jamie-Law
5,572 satisfied customers
I have question in relation to property.joint ownership
i have question in relation to property.joint ownership property which is rented and the tenant doesn't allow access to one of the owner to value the property.can anyone help?… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,309 satisfied customers
I'm looking to quit my share of a joint property, will the
I'm looking to quit my share of a joint property, will the income received from that is taxable? … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
A 83 yr old signed as a guarantor for her sons tesedential
A 83 yr old signed as a guarantor for her sons tesedential tenancies. She was not ever spoken to be the letting agents, her signature was never witnessed or any financial information obtained off her.… read more
Jamie-Law
Jamie-Law
5,572 satisfied customers
I own a house. I bought it in 2005 but moved out leaving my
I own a house. I bought it in 2005 but moved out leaving my dad there. he had been living there since 1985 was elderly and there was nowhere for him to go. can I therefore be exempt from CGT because I… read more
JimLawyer
JimLawyer
GD Law
84 satisfied customers
In a buy to let i understand gas safety certificate is
Hi in a buy to let i understand gas safety certificate is mandotary but is epc and legionera certificate and elictric safety crtficate mandotary as well pls advise… read more
Jamie-Law
Jamie-Law
5,572 satisfied customers
I have come to realise that previous owners of my flat
I have come to realise that previous owners of my flat changed made amendments to the plans of the building. … read more
bigduckontax
bigduckontax
Secretary
FCCA FCMA CGMA ACIS
3,749 satisfied customers
If my neighbour has erected a fence, but has effectively
If my neighbour has erected a fence, but has effectively changed the boundary by putting it my garden, what rights do I have?… read more
ivorylounge
ivorylounge
40 satisfied customers
We are currently having an extension built and it has caused
We are currently having an extension built and it has caused nothing but issues since the start. The contract clearly states guaranteed completion by 22/12/2017 and yet we are still not completed and … read more
Jamie-Law
Jamie-Law
5,572 satisfied customers
When I live in a property, where I'm not a tenant, don't pay
When I live in a property, where I'm not a tenant, don't pay rent, pay the utilities and council tax, but aren't on the title deed - what rights do I have?… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
No disposition of the registered estate by the proprietor of
No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
I need legal advice about a court case. I have been charged
I need legal advice about a court case. I have been charged with handling stolen goods because someone gave me money (which I didn't know had been fraudulently taken from someone else's account) and I… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,697 satisfied customers
1. In cases where a person has acquired a right to park by
Second opinion] 1. In cases where a person has acquired a right to park by prescription, will the number of vehicles permitted to park there be proportionate to the original number parked which gave r… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
Can a beneficiary of a will (e.g. son of the widowed father
Can a beneficiary of a will (e.g. son of the widowed father who has died), who is not an executor, live in a property (that is part of the deceased's estate) before probate is granted? The executors o… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
I have tenants in common 1/3 rd ownership in the
Hi, I have tenants in common 1/3 rd ownership in the family/parents home since 2001. My dad passed his 1/3rd ownership to my my mum when he passed away in 2009. Sadly my mum is now permanently residen… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
The Official Receiver wants to put a charge on my property
the Official Receiver wants to put a charge on my property as a result of my supposed negligence of a limited company are they allowed to do that? even if there is an existing charge against my property? … read more
Alex J.
Alex J.
Law
3,825 satisfied customers
L am a leasholeder in a property in London. For the past 16
Hi, l am a leasholeder in a property in London. For the past 16 years l have had exclusive use of a cabinet off the main hallway of the building in ehich l store some of my possessions. The cabinet do… read more
Thomas
Thomas
Lawyer
Bachelor's Degree
1,336 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x