CCJ - charging order on land application

StanleysMama

Hi,
This thread is on Consumer Rights board but kindly been advised it might be better placed here.
First time poster, not split out in the suggested format due to being quite far along in process. Happy to revise format if this is needed.

Our builder has left us halfway through the job, we have paid in full (stupid I know...we trusted him as he completed work on our previous house). We have dealt with him as a sole trader (even though he also has a limited company).

We made a claim against him via MoneyClaim online, capped it just under £10k to do without legal representation (can’t afford it) and for speed - even though the total to complete the job will be more like £20k.

CCJ has been issued but not expecting him to pay us as he has told us he is bankrupt but when we have looked into it, he isn’t actually (but is on the verge of it).

We want to put a charge on his property as we know he has sold his house (he is also getting divorced) so will get money from that. This happened in late October, conscious we are up against the completion deadline. I sent the completed application for charge on land just before christmas and am expecting a call from the court to make the £100 payment tomorrow.

Builder has made no attempt to pay us back or help our situation: no bathroom or kitchen in the property, currently moving between family with our 2 year old son. We are unable to complete the work without this money, have maxed out credit cards / money loan etc.

There doesnt seem to be much info on the internet for a claimant in this situation, mostly directed towards the defendant....

Any advice on the next stages?? questions I am looking into now:

1. how / when will the court get in touch after i have paid the application fee?

2. does the interim order delay the sale completing? I have read that “A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing” but doesn’t appear on other documents I have read.

3. how do i register the charge (briefly looked and forms seemed to be for mortgage providers)

4. do i need to give a copy to the defendant and the joint owner (wife / soon to be ex-wife who was listed on the title) - what do i say when i give it to them? or do i just post it (happy to do face to face).

5. i read something online that said "The White Book urges judgment creditors to apply for a non-standard restriction under section 46 of the LRA 2002 at the hearing to consider whether or not to make the interim order final. Standard Form Restrictions are entered into the Register by the Registrar under section 42 of the LRA 2002. Section 46 grants courts the power to require the registrar to enter a restriction and it is open to the judgment creditor to suggest a form of words that would require certification by an applicant for registration that he had given notice of the proposed transfer 14 days before the date of the transfer, thus giving the judgment creditor time to consider what he wants to do to protect his position. In those circumstances the judgment creditor could insist that the judgment debtor’s solicitor give an undertaking on his client’s behalf that the debt (or some of it) will be discharged out of the proceeds of sale or face the prospect of an application for an injunction stopping the transfer going ahead." Obviously i dont want to go through all of this and still not get the money owed as stated in the CCJ. Any advice??


I am searching the internet for answers to the above (please don't think i'm being lazy by asking these, just hoping someone might be able to explain in quite simple terms!).


many thanks for any help / advice offered