Hi there - professional negligence claim

[des8]

yep...... question 6 on application form requests details of other creditors and CPR 73.7 (7) (d) requires service on "such other creditors as are identified in the application notice or as the court directs;"

[jonnyd85]

I'm just going to start with the order to give details in court so that I can get the other details needed to apply the charge.* Had the dismissal of his application through the post today

since the case was transferred, am I now sending applications to the Welsh county court, or back to issuing it via Northampton?

[des8]

back to CCMCC where the interim charging order is dealt with as an administrative function

[jonnyd85]

des8*- thanks, but for the order to attend court under CPR 71 I see the rules say

"An application under paragraph (1) –

(a)*may be made without notice; and

(b)*must be issued in the court or County Court hearing centre which made the judgment or order which it is sought to enforce, except that –

(i)*if the proceedings have since been transferred to a different court or hearing centre, it must be issued in that court; or...."

I'm just not sure if the proceedings now count as having been transferred to Pontypridd because of the set-aside? Or if it is just the application that was transferred

[des8]

CPR 71 refers to Orders to Obtain information from judgement debtors.

You are applying for a charging order and the rules applying are as per CPR 73.
In particular CPR 73 .3 (2)

[jonnyd85]

I know - I decided it might be best to get him to detail his finances, creditors etc. first as without the information, I might struggle to complete the form?* Perhaps that's not the most expeditious but I'm worried about filling in the charging order incorrectly

[des8]

If you are seeking an order to obtain info then application will need to be made to Pontypridd CC

[jonnyd85]

Just an update - had a letter back from the court. Apparently they've handed the N39s over to a Court Bailiff for service (which I didnt think I'd paid for?) And just sent me the EX550 affidavit, which I need to swear before sending it all back to the court (I might need a solicitor for this)

Date is mid March for the questioning.*

[jonnyd85]

Dull question, sorry.* I've got to complete the EX550 affadavit.* Since the letter from the court says they passed the N39 to the Court Bailiff for service, I presume I don't need to complete Part A (Service) and should strike it out*

The rest is easy as I've had no contact, so can complete it easily.* Then off to a solicitor to witness my oath.* I don't plan on attending court

[des8]

As you thought you only complete those parts of the form which are relevant to you and neatly cross out any that are not. Therefore, as you did not personally serve the notice on the debtor, you cannot state that you did so and as such Part A would have to be crossed out . You would then complete any other parts of the form which are relevant to you.

Then off to that solicitor with tenner in hand!

[jonnyd85]

Got the affadavit in in time, only to immediately be told that the hearing had been vacated because the bailiff had failed to effect service so hearing rescheduled to 21st April.

Not sure if there's anything I can do to help the bailiff here, or why they might have struggled (unless due to poor timing)

[jonnyd85]

Think I will simultaneously look to place that charging order on his house - might need some advice to do so.

[des8]

So the court has reissued the order and set a fresh date for the hearing.

If the enforcement agent fails you could employ a process server (more expense!) or serve it yourself.

Charging orders : Starting point is CPR 73*https://www.justice.gov.uk/courts/pr...l/rules/part73

[jonnyd85]

I found a process server who would do it for £60, but presumably I would need to ask the court to send me the N39s

[des8]

Yes,