Interim Charge Order Court Date

[indigo_go_go]

Hi,
I hope someone can help. Tom owes me money, Tom is in agreement that he owes me the money, I have a county court judgement against Tom. Tom does not have any funds to pay me with but does have equity in his property. Tom is currently selling his property. I have a registered interim charge order on Tom’s property’s deeds/title. I have to attend a court case to put a final order on his property. Tom has another 4 creditors who have a registered charge on his property.

I want to know when I go to court what do I need to prove to the judge.

Do I need to contact all the creditors to tell them I am putting a charge on his property?
Do I say if they have any objections they should attend the court hearing?
How do I prove to the court/judge that I have been in touch with them? Will a proof of posting e.g. post by recorded delivery be good enough.

Is there anything else I need to have done before I go to court.

I have never been to court, do i need to submit all this before the court date or do I take it along with me on the date and give it to the courts?

Can anyone help or point me to a reference site I can read. I cannot really afford to pay for a solicitor.

[Barmaid]

You need to look at Part 73 CPR. 73.5 contains the list of people you must serve and how you must prove service.

Link here http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73

Read Part 73 and also read the Practice Direction.

You will need a certificate of service for each creditor. Link here http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n215-eng.pdf

Read that lot and see how you get on. Post again and I'll try and help in more detail. Sorry for just posting links am in a rush.

[tonywiltshire]

As you will have gathered it is the civil procedure rules you should consult have a look at Civil Procedure rules 1998 parts 6 & 73.

[indigo_go_go]

Thank you very much in to your replies, they were very helpful.

I have more details and other questions based on the reference you gave me

I have a registered interim charge order for money I loaned to a friend

I am waiting for the court date of the hearing where the judge will decide whether or not to put a full charge order on the property
under PART 73 - CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
Section 73.5 states
(1) Copies of the interim charging order, the application notice and any documents filed in support of it must, not less than 21 days before the hearing, be served on the following persons – Please can someone tell me what they mean by "the application notice" – is this a letter telling them I am applying for a full charging order?

(a) the judgment debtor;
(b) such other creditors as the court directs; - The court has not directed me to serve other creditors, but as I have listed the other creditors on the application for an interim charge order I will serve them notice that "If any person objects to the court making a final charging order, they must –
(a) file; and
(b) serve on the applicant;
written evidence stating the grounds of his objections, not less than 7 days before the hearing.

When serving the creditors notice, I will send them a letter by post with a "proof of posting or recorded delivery" and at the court hearing will produce a certificate of service with a copy of the letter sent and the "proof of posting or recorded delivery" - will this fine?

The wording of the letter to the other creditors will be worded as -
“To whom it may concern
I am serving notice to you that I have applied for a charge order in my favour on title deeds number nnnnnn – address xxxxxxxxxxx, owner xxxxxx
As you are listed as a creditor on title deed number nnnnnn , I am informing you of my application and should you have any objections on a final charging order please file your objections to the court and serve me with the objections. “
Will the above be fine to send in a letter? I have a question what exactly is meant by file and serve on the applicant? Does ”file” mean file to the courts their objections and Does “Serve on the applicant” mean - send me their objections?

Thanks for all your help, I may have more questions