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claim and land registry charge

claim and land registry charge

Postby preacherman » Tue May 02, 2017 6:25 am

done up a property for someone recently, and as some people do when carrying out this type of project, the owner has been getting stressed and refused to accept responsibility for their own decisions. Anyway I am considering that they may not pay the last invoice, its for less than £1,000. If I issue a claim can i ask for a charge to be registered over the property so I get my funds from the sale proceeds, at the same time as asking for a money judgment or must I ask for money Judgment only first?
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Re: claim and land registry charge

Postby atticus » Tue May 02, 2017 6:49 am

Get judgment first*. Read the section of the CPR that deals with charging orders.

* If you can.
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Re: claim and land registry charge

Postby atticus » Tue May 02, 2017 6:57 am

CPR 73 and Practice Direction 73.
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Re: claim and land registry charge

Postby preacherman » Tue May 02, 2017 2:20 pm

atticus wrote:Get judgment first*. Read the section of the CPR that deals with charging orders.

* If you can.


thanks atticus. I hope I can!, any reason why I shouldnt? No contracts, did the work for a few months, all other invoices paid, last one not yet paid.
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Re: claim and land registry charge

Postby atticus » Tue May 02, 2017 2:26 pm

Any reason why you shouldn't?

Well, if you fail to prove your case you will not win it. It is not a foregone conclusion, and you would do well not to treat your case that way.
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Re: claim and land registry charge

Postby dls » Tue May 02, 2017 2:33 pm

Construction contract claims can make what you have been through before look simple and predictable and friendly.
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Re: claim and land registry charge

Postby preacherman » Tue May 02, 2017 4:00 pm

dls wrote:Construction contract claims can make what you have been through before look simple and predictable and friendly.


If there was no contract why would it be a construction contract claim? I am a self employed sole trader invoicing weekly (or every two weeks for this Job) I thought it would be a simple money claim, and any defence trying to get out of paying, for instance if they said work was not good, (work was good) would be a counter claim.
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Re: claim and land registry charge

Postby theycantdothat » Wed May 03, 2017 7:49 am

There is a contract, just not a written one. The absence of writing may be a problem if there is no record of what you agreed to do. Saying the work was not done well is not a counter-claim, but a defence.
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Re: claim and land registry charge

Postby atticus » Wed May 03, 2017 7:55 am

And the contract was to do with construction.
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Re: claim and land registry charge

Postby preacherman » Wed May 03, 2017 8:21 am

theycantdothat wrote:There is a contract, just not a written one. The absence of writing may be a problem if there is no record of what you agreed to do. Saying the work was not done well is not a counter-claim, but a defence.


I see, so the absence of a written contract? how might that be a problem? if one person says ' Mr X said they would do xyz' but Mr X says he did not agree to do xyz'.

How does the court decide? do they need to know every aspect of the situation/relationship of the parties, rather than just pleading un- paid invoice for work done.

is it best to file a basic claim, without setting out detail, and wait to see what defence is submitted?
'
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