Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

How to get a charging order

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

Charging Orders

 

What is a charging order?

A charging order is an order from the court placing a charge over the debtor’s assets, such as property or land.

The charge will be for the amount you are owed but will not recover the sums immediately, it will aid in safeguarding your money for the future.

 

A charging order means that once the property or land has been sold your charge will be paid to you prior to the proceeds of the sale being returned to the debtor.

It is worth noting that with a charging order the debtor is not compelled to sell their property.

 

 

When to apply for a charging order

Once you have received judgment against the debtor you can apply anytime for a charging order.

The judge will not make the order unless one of the following applies:

  • The debtor has failed to pay the amount specified in the judgment
  • If the judgment specified for payments in instalments you can still apply for an order even if the debtor is not in default. However, when deciding whether to make the order the judge will take into account that there has been no default on payment.

 

How to apply for a charging order

To apply for a charging order you need to complete Form N379, “Application for charging order on land or property”. This form can be found online at hmctsformfinder.justice.gov.uk.

 

To complete Form N379 you will need the following information:

  • Details of when the judgment was made, under which claim number and at which court
  • Full name and address of the debtor
  • The amount on the judgment including any additional costs or interest
  • The address which you would like the charge to relate to
  • Evidence on how the debtor owns the property, e.g. solely or jointly with another
  • Details of any other creditors you are aware of
  • Details of anyone else who may have an interest in the property
  • Any other reasons you wish the court to consider

 

What the court will do once it has received your application

If your claim is solely a Part 7 claim for money and was issued at the County Court Money Claims Centre (CCMCC) or the County Court Business Centre (CCBC) you r application should be made to the court which covers the home address of the debtor.

 

If the judge is satisfied with the evidence you have supplied in support of your application an interim charging order will be granted, a copy of which will be sent both to you and the debtor.

 

The order will detail the date and time of the hearing in which it will be determined whether a final charging order will be made. It is worth noting that failure to attend this hearing could result in your application being dismissed.

Once you are in receipt of the interim charging order you must register it immediately with Land Registry.

 

What will happen at the final charging order hearing

The judge will consider all evidence from you, the debtor and any other person relevant to the order. If any objections to the charging order have been made the judge may consider them on the day, or give directions for a further hearing.

 

Should you application be successful any fees incurred by you are usually recoverable by adding them to the judgment.

 

Once you have received the charging order from the court you must notify the Land Registry of the order. Without notification of the order the property or the land in question could be sold without you receiving your money from the debtor.

 

 

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority, SRA ID 401309. A list of directors is available for inspection at our registered office.