Charging Order? The myth

Yes…. I have just emailed the purchaser and the estate agent again.

I have no idea why they are being so reticent about helping me, other than that they fear repercussions from my neighbour… he is a thoroughly unpleasant person who threatened my purchaser… I have a text where she told me he had threatened her and that she thought he was a bully and had told him so… and the email from the estate agent is in no way ambiguous… I mean, you could make stuff like this up. Why would he say such things unless they were true?
I have been on the receiving end of his threats… he was practically apoplectic… his wife ran away whilst he was shouting at me, such was the vitriolic rage he was in…he told me he would bankrupt me if I went against him.

I'm confused about the ongoing litigation and feel completely out of my depth and am sure to make some kind of procedural error… I suffer from extreme anxiety and make mistake when under duress...it is very nerve wracking, and I've been at this for several years and have an ulcer as a result… I am in constant pain and have no mental energy, having been worn down by repeated rubbish meted out by the court and my neighbour's lawyers.
I had hoped that the court would grant a default judgement as the defendant had not acknowledged or sent a defence within the prescribed time limits. I should try and call them to check the status of my claim, I suppose.
I am very grateful for all your advice. Thank you. D45

Baggies16 wrote: »

Could anyone recommend a solicitor that is up to speed with the rules regarding a restriction K, I have spoken to 5 today and they are all shocked when I say there is no legal obligation to pay it and they have to notify them.

The Holy Grail… D45

They basically just stated that a form k restriction needs to be settled before completion, I explained regarding the debt being in a sole name and the title deeds in joint but they are all unsure.

Baggies16 wrote: »

They basically just stated that a form k restriction needs to be settled before completion, I explained regarding the debt being in a sole name and the title deeds in joint but they are all unsure.

Surely a restriction means that the restriction has to be complied with. And then you have to look at what the restriction says.

The standard form K wording does not mention settlement. I can't understand why some solicitors find it so difficult to understand a simple sentence "...a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to...'

Hi Eggbox… I've now given up on default judgement.. I emailed the court this morning to see what was going on as they are giving me the silent treatment (again)…

Seems the defendant filed an acknowledged of the claim a week after I served it, more than a month ago! (Are they not required to serve that on me too?)

So.. the court making me jump through hoops re the certificate of service was just academic… why did they not inform me of the acknowledgement when I requested the default judgement instead of saying I'd not completed the cert of service… I thought they were against wasting time...duh!!:mad:

Not sure if I should provide a counter defence or just wait for the court's directions… D45