Charging Order Application Process

Summary

A charging order application in England requires a certificate of service to notify all relevant parties, including the debtor and mortgage company. For undelivered paid items, the Consumer Rights Act 2015, particularly Sections 28 and 29, outlines the rights and obligations regarding delivery. If a local authority faces a property claim by a suppliers creditors, they should verify the claims validity, ensure proper documentation, and consult a solicitor for legal remedies.

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Do I need to send documents to the debtor
Yes, when applying for a charging order, you typically need to send the documents to the debtor. This includes serving them with the application notice and any accompanying documents required by the court. This step ensures the debtor is informed about the proceedings.
Do I need to notify the mortgage company
Yes, when applying for a charging order in England, you generally need to notify the mortgage company. This is because they have an interest in the property, and it's important to inform them of any legal proceedings that might affect their security.
If a local authority purchases property to a supplier in full, and then the supplier's creditors takes that property claiming ownership. What can the local authority do
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The local authority can consider the following steps:
- Verify the validity of the claim made by the supplier's creditors.
- Check if the property transfer was properly documented and registered.
- Consult a solicitor to explore legal remedies, such as challenging the creditor's claim in court or seeking compensation.
Would you like further assistance or clarification on any of these steps?
Consumer Protection Act * regarding undelivered paid items
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Under the Consumer Rights Act * in England, if an item you've paid for is not delivered, you have certain rights:
- You can request a refund or a replacement.
- The seller must deliver the item within the agreed timeframe or within 30 days.
- You should contact the seller first to resolve the issue.
Would you like more information on how to proceed with your specific situation?
what section of the law is covered by this
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The issue you're describing involves several areas of law. Here's a breakdown:
- Charging Order Application: This process is covered under the Civil Procedure Rules in England, specifically Part *, which deals with charging orders, stop orders, and stop notices.
- Consumer Rights: The Consumer Rights Act *, particularly sections related to goods and services not delivered as promised.
If you need further details on any specific area, feel free to ask!
what section of consumer protection act * covers undelivered paid items
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Under the Consumer Rights Act *, the sections that generally cover issues related to undelivered paid items include:
- Section *: Delivery of goods
- Section *: Passing of risk in goods
These sections outline your rights regarding delivery and the seller's obligations.