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Home » General Legal Issues » CCJ unpaid - charge against Defendants property

11/12/2011 09:58:19

MTMB
MTMB
Posts: 1
Hi,

As a bit of background information, I have a CCJ that my ex-landlord has failed to pay. I had to take him to the small claims court as he didn't return my deposit and failed to register it in a deposit scheme.

The county court bailiffs have been to his property twice however, the occupant each time has stated that the defendant doesn't live there. He does live there (he owns the property) and between the two bailiff visits I knocked on the door of the property and the occupant stated that the defendant was 'upstairs asleep'.

I have given up on the county court and decided to engage with another bailiff company. In the first instance they have suggested that I apply to get a charge against his property. The Title absolute states the proprietors are the defendant and his partner. I am unsure which Land Registry form to use - I have found the UN1 form however, as the defendant is not the sole owner is this the correct form to use to register a charge?

When I lodge the form with the Land Registry do I need to specify the value of the charge? If so, do I need to specify the individual amounts e.g. CCJ, additional investigation fees (I have an invoice), interest from date of judgement (not sure how to calculate this), fee to lodge the notice with the Land Registry?

In this initial stage is there any other action you would recommend I take?

Thanks for your help.
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18/12/2011 19:51:56

www.clicklegalservices.co.uk
www.clicklegalservices.co.uk
Administrator
Posts: 374
You have tried to enforce by means of a warrant of execution (and that has failed) so you will have to make another application to the court for a charging order. There are 2 stages to this, and assuming it is granted - which it seems likely it will, then you apply to register the charge at the land registry.
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23/01/2012 19:33:34

akavenue
akavenue
Posts: 1
Thank you. I appreciate you taking the time to respond with guidance.

Does anyone know if there is a forum or agency to publicise the names of dodgy landlords?

This guy has 5 CCJ's that remain unpaid. I just fail to understand why people are allowed to continue renting houses and rip honest people off?
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