Evidence for permission to enter Memorandum of Satisfaction on Bill of Sale (Bills of Sale Act 1878, s.15; PD8A para 11.5)

Published date21 March 2018
Subject MatterKing's Bench forms
PF 181

PF 183

Evidence for permission to enter Memorandum of Satisfaction

on Bill of Sale

(Bills of Sale Act 1878, s.15; PD8A paragraph 11.5)

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

No.

In the matter of a bill of sale dated (date) made between . . . . . . (grantor) and . . . . . . (grantee)

I (name, address and description) state that:

1. I make this witness statement by way of application under Practice Direction 8A paragraph 11.5 for an order that a memorandum of satisfaction be written on the registered copy of a bill of sale.

2. On (date) I was present and saw (name) of (address) sign the annexed consent, marked “A”, to an order that a memorandum of satisfaction be written on the registered copy of a bill of sale dated (date) and made between (names and addresses of parties as stated in the bill).

3. I am informed by (name) and believe that the debt, interest and costs due under the bill of sale have been satisfied or discharged.

4. The signature on the consent is in the handwriting of (name) who is the grantee or assignee of the bill of sale. (Where the grantee or assignee is a company, see the Note following the Annexed Consent).

5. The name (name of witness) signed on the consent as being the witness to the signature of (name) is in my handwriting.

6. I seek an order under section 15 of the Bills of Sale Act 1878 that a memorandum of satisfaction be written on the registered copy of the bill of sale.

I believe that the facts stated in this witness statement are true.

Signed: Name:

Dated

Annex

CONSENT

“A”

I CONSENT to a memorandum of satisfaction being written on the registered copy of the bill of sale for securing the sum of £ dated (date) made between (names and addresses of parties as stated in the bill) and registered on (date), the debt for which the bill of sale was given as security having been satisfied or discharged.

Dated

Signed

Grantee or Assignee

Signed as witness

A solicitor of the Senior Courts of England and Wales

Note:- Where the party giving consent is a limited company, the following paragraphs 2-6 should be substituted for paragraphs 2-5 above, re-numbering paragraph 6 as 7:

2. On (date) I was present and saw the common seal of (name of company) affixed in the presence of (name) a director and (name) [a director] [the secretary] to the annexed consent, marked A, to an order that a memorandum of satisfaction be written on the registered copy of a bill of sale dated (date) and made between (names and addresses of parties as stated in the bill).

3. I am informed by (name and position in the grantee or assignee company) and believe that the debt, interest and costs due under the bill of sale have been satisfied or discharged.

4. The seal is the common seal of (name of company) which is the [grantee] [assignee] of the bill of sale and the consent was sealed in accordance with the provisions of the memorandum and articles of association of (name of company).

5. (Name) and (name) are [directors] [a director and the secretary] of the company and the signatures are their signatures.

6. The name (name of witness) signed on the consent as being the witness to the said signatures is in my handwriting

Annex

CONSENT

“A”

WE CONSENT to a memorandum of satisfaction being written on the registered copy of the bill of sale for securing the sum of £ dated (date) made between (names and addresses of parties as stated in the bill) and registered on (date), the debt for which the bill of sale was given as security having been satisfied or discharged.

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