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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
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Old 9th April 2008, 18:15   #1 (permalink)
justfull
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Watch out, there are Claims Touts about!

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Default Got a judgment best way to proceed?

We have a Judgment in default against our landlord a ltd company, who refused to return our deposits. The 3 directors jointly own the property, we also found out via the land registry that one of the directors also owns a private property jointly with his wife.

Presuming the most effective way forward is to obtain a charging order on a property would it be better to go for the jointly owned one?

Thanks in advance for any advice
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Old 13th April 2008, 09:09   #2 (permalink)
old_andrew2007
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Default Re: Got a judgment best way to proceed?

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Old 13th April 2008, 09:45   #3 (permalink)
GuidoT
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Default Re: Got a judgment best way to proceed?

You say you have judgement against a limited company and the three directors own the property, if the property is not in the limited company's name you will not able to place a charging order on the property relating a judgement obtained against the limited company.

The limited company is a separate legal entity in its own right.

In any event, I would go straight to winding up petition to enforce the debt. There is no requirement for a statutory demand for a judgement debt.

However, be prepared for them to apply to set aside the judgement.
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Old 13th April 2008, 17:25   #4 (permalink)
justfull
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Default Re: Got a judgment best way to proceed?

Thanks for your advice. Sorry didn't explain myself fully - we claimed against the limited management company (set up by our landlord and 2 other directors solely to collect rent). We also put landlord's name on claim. We were reluctant to proceed further against the ltd company as we thought they would just wind-up the company and set up in another name. So we have a judgement against the ltd company and landlord.

We guessed we would be more successful going for the landlord himself as we knew he part-owned properties.
Realistically we don't hold out much hope to get our deposits back now but would like to make life difficult for those responsible even if it means waiting for their property to be sold years down the line.

So basically would appreciate ideas on which method would have best effect.

Thanks
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