Charging Order & Responsibility for debt

[sprogg]

Hi, we have judgement against a particularly difficult individual who has now decided after only 12 months payments [of 96] that they have paid the debt in full.

 

We are contemplating issuing a Charging Order to the property however the property is not owned by the individual owing the money, but by their surviving parent.

 

That said, the parent has assumed responsibility for the debt payments since the final court decision was made and I would like clarification that if the parent has assumed responsibility for the payments then they are likewise responsible for the debt, or have assumed responsibility by making the payments (if that makes sense!)

 

Therefore, if the above is correct [in law] would we be making the right decision to apply for a charging order?

 

Or should we send bailiffs, in which we hold little confidence?

[Ganymede]

You CANNOT apply for a charging order against anyone other than the Defendant with a judgment against them. The parents may be paying the money but owe you nothing both legally and morally so that is out.

 

You best bet is either an attachment of earnings if the Defendant is employed, or try High Court Enforcement Officers who are similar to bailiffs but much better. Look at these...

 

Flash Detection Redirection

[mandyjayne]

you need to default on a CCJ before you can obtain a CO, i believe!

 

MJ:D

[sprogg]

Should have made it clear - the default was in January. We have not received any payment since, therefore I think we can consider that defaulting on payment.

 

Re the High Court Enforcement Officers being better, why so?

[debbbbsy]

We are contemplating issuing a Charging Order to the property however the property is not owned by the individual owing the money, but by their surviving parent.

 

That said, the parent has assumed responsibility for the debt payments since the final court decision was made and I would like clarification that if the parent has assumed responsibility for the payments then they are likewise responsible for the debt, or have assumed responsibility by making the payments (if that makes sense!)

"but by the surviving parent"

 

OMG...... what on earth makes you think that you can go after somebodies parent because they are alive & have equity, and have tried to help their child by paying this debt.:mad:

 

You can only issue a charging order against the person who has the CCJ. If they have no home, no equity, & no money, & are relying on there parents to pay their debts.....well it speaks volumes....have a heart & back off.

Edited July 1, 2010 by debbbbsy