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We can secure NDR debts against a property by way of a charging order.
It is believed that a local authority cannot apply for a charging order for NDR, and that the recovery options are limited to NDR regulations 14-18.
Pepperells recently had a case whereby there was a debt due to the client for both Council Tax and NDR. The debtor company was a property owner, and the client had already obtained Liability Orders for the NDR debt as well as for Council Tax.
We applied to the Court for a Charging Order for both the Council Tax and NDR debt. The Court questioned the process, and the matter was referred to the District Judge for consideration.
We submitted a valid and legal argument in favour of permitting the application and addressed concerns relating to the enforcement options referred to in the NDR regulations and referred to the Civil Procedure Rules. Our team successfully argued that the recovery of Council Tax and/or NDR is not limited to the legislation to which they referred.
The Court allowed the application for a Charging Order for both Council Tax and NDR.
At Pepperells we are offering this service to our clients and other Local Authorities as we suspect that they may have large debts outstanding, which have not been recoverable or secured by a Charging Order
Please note there is still the option under the NDR to obtain a Charging Order for NDR debt, if you do not obtain a Liability Order.
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Pepperells Limited, registered in England and Wales: No. 10244781 | Registered Office: 100 Alfred Gelder Street, Hull, East Yorkshire, HU1 2AE | Authorised & Regulated by The Solicitors Regulation Authority | Regulation Authority Numbers 636188, 638556, 638554, 647027, 668558, 807163, 818433, 832782, 830125, 8000373, 8007670, 8007671, 8009311, 8009312, 8013429, 8013430, 8013428 and 8013376 | www.sra.org.uk
Pepperells Solicitors are committed to ensuring that all Partners, Consultants and Employees give their full co-operation to the Legal Ombudsman in the event of any dispute or complaint against our firm, contact details of which can be found at www.legalombudsman.org.uk. VAT No. 365 0589 36