Technology1 min ago
Charge Order On Property ... Continued
2 Answers
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 - http://
(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
“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
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 - http://
(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
“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
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