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Everything posted by Jake68

  1. Sillygirl1 thanks for taking time to reply. I have just spoken to a friend who works for a firm of solicitors and their mortgage repossession team haven't heard of such a practice. Will phone Kensington to clarify their 'request' and then progress down the route you suggested if it still doesn't stack up.
  2. I noticed the name Kensington appearing often here and was wondering if someone could shed some light on a letter that I received yesterday from them. Very brief background - After a long drawn out case against a builder who kept my deposit and didn't do any work, I obtained a charging order against his property back in February this year. I received a letter yesterday from the Kensington Mortgage Company informing me that the property has been repossessed and that they hold a charge in my favour. This part of the letter I understand, the next paragraph gets a little bit confusing. I'll quote it directly - "Kindly confirm immediately whether you intend to discharge our debt, which currently totals approximately £xxx,xxx.xx, and assume responsibility for the subsequent sale." "Should this be the case a detailed redemption statement will be supplied on request." What does this mean exactly? Why should I conduct the sale if they have repossessed? Why would I discharge their debt as I'm a creditor also? Having read some of the other threads about them I'm unsure of their motives. Any help gratefully accepted. Jake68
  3. Friendinneed You may want to see if an insolvency administration order would be applicable in this case. I'm no expert, otherwise I wouldn't have come on here in the first place, but below is some legal speak relating to deceased insolvents. It is a common misconception that when a person dies, his/her debts are automatically discharged. Debts are not discharged on death unless specific provision has been made for them to be discharged, e.g. by an insurance policy. All debts that are not provided for must be met from the assets of the deceased debtor. Where the assets are insufficient to meet all the debts, the estate is insolvent. Where a person dies after a bankruptcy petition is presented against him/her, the matter continues as a normal bankruptcy with some amendments. Where a person dies before a bankruptcy petition is presented, a petition for an insolvency administration order can be presented under the Administration of Insolvent Estates of Deceased Persons Order 1986 (AIEDPO86). The administration of the insolvent estate is dealt with under the provisions of the AIEDPO86, which applies and amends certain provisions of the Insolvency Act 1986. As with any normal backruptcy, the courts don't look too favourably on someone transfering assets to avoid a debt. - Jake68
  4. No death certificate has been issued. Waiting for a coroner's inquest to be scheduled, have no other details. Was informed of the death by the wife's solicitor a week before the Order of Sale hearing. They're not willing to answer any questions I put to them. I'm assuming there must be some validity if there is going to be an inquest, although there was probably an inquest for that 'canoe' bloke also.
  5. JoinCris Forgot to add, she was still a shareholder in the business after she resigned the directorship.
  6. According to Companies House the wife was a director of the firm but had resigned her directorship before I contracted them to do the work. So the charge was just on his share. You wouldn't be the first person to make the 'canoe' comment. But I have to take it on face value.
  7. Surprisingly it is only the mortgage company and myself that have any charge on the property. Why the other creditors failed to apply for a charge is a mystery to me. If memory serves me right there are about seven other unsatisfied CCJ's on file, although for smaller amounts of money.
  8. rippedoffagain Thanks again. Seems that there is some redress for negligent behaviour perhaps it will benefit someone else who finds themselves in a similar situation. My problem was never about obtaining a judgment, as it was all fairly clear cut. All our problems have been about enforcement. Seems that the courts are pretty toothless in this regard. Turns out that this individual had a number of unsatisfied CCJ's. Further internet searching has highlighted the possibility of applying for an Insolvency Administration Order, however I wouldn't know if I would be wasting time and money going down this route at least at present I have some security on the debt with the Charging Order although it isn't helping my current financial position. The cheapest and easiest option may be to reapply for an Order of Sale to release the beneficial interest in the property. This, however, does seem on the face of it an unfeeling act towards the widow (and the court may take this view also) - but what other option do I have, considering our predicament. I'd much rather the executor of the estate take the responsible route and settle this issue without further need of the court. My faith in people to do the right thing is not strong at present.
  9. rippedoffagain I've had this discussion with the police as far as "intent" is concerned. Difficult to prove they told me. I think the facts speak for themselves. Used "them" as a collective term for the building firm that he was a director of. CCJ was individually and against the firm. Company since wound up by other creditors.
  10. tinkerbell20 I would really like to avoid that route but I'm getting backed into a corner more and more.
  11. rippedoffagain Point taken, but I was looking for direction and didn't want to labour how I found myself in this situation. For the record I wasn't trying to force a sale on a recent widow. The Order of Sale hearing was directed towards her husband and was set in motion before he died. I'm just trying to understand what my legal options are subsequently. OK for clarity - sequence of events. 1) Borrowed money from bank to pay deposit to builder (too trusting and naive on that one) 2) Builder gives personal guarantee against deposit (otherwise wouldn't have given it to them) 3) 6 months later builder still hasn't started the job. Ask for our money back. No reply. Solicitor's letter. No reply. Legal action starts. 4) Go to court. CCJ in our favour. No show from other party. No contact. No reply. No money returned. Big solicitor's bill. 5) Decide to try and do some of the building work myself. Borrow more money. Credit crunch happens. Can't afford to finish the building work no money left. Can't afford a solicitor. 6) Do my own legal work - Get a charge on the builder's house. Apply for order of sale. Builder dies before the hearing. 7) What now? Can't borrow any more to finish house, can't sell house as it's a building site. Marginal on repayments unless I get the original deposit back. That's about the sum of it.
  12. rippedoffagain Perhaps you are right, I wouldn't claim to know how people would react to my situation. After all it's not the typical David v Goliath that this forum specialises in. If only life were as black and white as that. I hope there are people out there that are more sympathetic to our problems. Jake
  13. John, It is indeed a complicated matter and not a situation that anyone involved is happy to find themselves. Thanks for your advice. Jake
  14. rippedoffagain As you said, don't be too judgemental without knowing the circumstances. All I can say is there is more than one victim in all of this. My family stands to loose our house if I can't get this money back. We are the innocent party in all of this!! Would you not try all legal means to prevent this happening? Jake
  15. Hi John Thanks for taking the time to reply and for the advice. Is the Executor legally obliged to satisfy this debt from the deceased's estate even if this means selling the property? Or do I need to force the issue? Jake
  16. Don't know if this is the correct forum for this but I have noticed that a number of people have asked questions relating to Charging Orders so perhaps someone out there can offer some advice. In February this year I was granted a final charging order on the beneficial interest in property of an individual who owed me over £20K. I have a CCJ in my favour but enforcing the judgment has been a problem. The only realistic option for recovering this money seemed to be to apply for an Order for Sale. The week before the hearing was due I was informed that the individual had died. The hearing could not proceed as the claims were no longer relevant. The property with the charge was jointly owned with his surviving wife. Due to financial difficulties I cannot afford a solicitor to represent me and I am trying to manage all my own legal work on this matter, but I am now unsure what options are left open to me to recover my money. Is it gone or is there some claim I can make against his estate? Any advice would be gratefully appreciated. - Jake68
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