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About Colin973

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  1. Is that an 'order for questioning'? I previously had him attend court for questioning about a year ago but it was in front of a clerk of the court and not a judge. Can I request that it be in front of a judge and what are the chances/likelihood he will order the debtor to pay up?
  2. I would be grateful for any advice/help anyone could give on how to recover a debt owed of approx. £4000 by an individual to me. I managed to get 2 separate charging orders on 2 properties owned by this person (1 being the marital home owned with his wife) and the other being in his sole name on a flat he rents out. I received a letter from his solicitor in February of this year informing me that the debtor was selling his marital home and asked for details of the amount owed under the charging order along with the interest due which I duly provided. I received a letter a week ago from the same solicitor informing me that the marital home has now been sold, that they are awaiting instruction from his client to discharging the charge I hold but regardless this will leave the new buyer free from the charging order (restriction) I had. Unfortunately, the advice I was given at the time was not correct and a charging order on a property where there are 2 beneficiaries only becomes a restriction and the debtor solicitors is only obliged to inform of the sale and NOT pay the debt as has happened. I would be grateful for any advice on how to enforce collection of this debt. I have already tried HCEOs but they got no response and gave up, I even had a solicitor send a letter threatening an order for sale on the rental property but again there was no response. The debtor has the money from the sale of the marital home (they are getting divorced) but he always seems to be one step ahead of me and I doubt a third party order would even have any success. What other options are there, would a debt collection agency do any better and how much would they charge?
  3. He has declared receiving £750pm rent for the property during a previous Order for Questioning so at best at any one time that would be the most I could get with a Third Party Order which would be a waste of time. Looks like I am just going to have to wait it out. Thanks for all your help.
  4. Would it be possible if I found out the name of the tenant(s) in his rental property to somehow get the 'rent' they pay to him sent to me instead by way of a court order?
  5. Ok, its looking like I will just have to wait til he decides to sell the property to get my money then. What happens if the debtor never sells the property and its is then inherited by whoever he wills it to, am I still in the same situation, would I have to wait for them to sell the property?
  6. I did look at getting a third party order previously but as the debtor wont have enough money in the account to pay the debt it wasn't really a viable option. During an order for questioning he provided a bank statement which showed he only had a few pound in the account and he detailed his earnings/outgoings (which I'm sure were bias in his interest) but regardless it showed he would not have more then a few hundred pound at any one time in the account, which obviously falls well short of the almost £4000 owed. As I said, if I pursed the Order for Sale and it was rejected by the court but the charge remained in place, am I then liable for those costs
  7. Ok, so its going to be around 1300 just to get to the hearing stage, what happens if at that stage the judge/court reject the order for sale, who is then liable for the costs incurred, are they added to the outstanding debt amount or can't I reclaim that amount?
  8. Thanks for you reply Andy, although I'm not sure how any of those options could work. As I said, he is self employed so an Attachment of Earnings is of no use, I already had HCEO's chasing him for nearly 2 months and they had no joy and during a previous Order for Questioning he supplied details of his bank accounts showing he didn't have enough to cover then debt and I don't know how he is being paid (probably cash) by the tenants in the property I have the charging order against. Could you breakdown/explain where the cost of a grand for the Order for sale comes from, is there a standard charge, is it worked out on the debt or the cost of the property?
  9. The charging order is for the sum of £3553 and its is against a rental property that the Debtor owns solely himself. I did try using HCEO's to recover the debt prior to the charging order but he was either never in or didn't answer the door when they called and so they were unsuccessful as he never responded to any of their letters or phone calls. The debtor is also self employed so a Attachment of Earning wouldn't be of any use. A grand upfront for an order for sale. wow, I wasn't expecting it to be that much. Do I have any other options?
  10. Could anyone please give me some advice on the process for an Order for Sale on a property. I have today just had the hearing regarding the interim charging order I had against a debtors property and thankfully the judge has made the order 'final'. As the debtor never attended court or replied to the order I have no option other then to pursue the Order for Sale and would like to know how I go about that, what's involved and what action/steps I need to now take. thanks in advance for any help or advice given
  11. I would be grateful if Andy or anyone could help with some further advice on this matter. Having read up on a Statutory Demand I am unsure this would be the best method as it concerns me the costs I could be liable for (i.e. bankruptcy proceeding costs and the defendants legal costs) should the DJ not find with my side of the claim/argument given the basis of my claim against the defendant is he has defrauded myself and my workmate as creditors which could been interpreted either way. I was thinking of using a Third Party Order instead, which correct me if I am wrong I could have sent to the tenant in the property the defendant has rented and who is currently paying him £750pm rent, would this not be a better option for getting the defendant in court for a hearing to argue my case?
  12. Thanks for you help Andy. I've just been reading up statutory demands, that does sound like it could be a be very viable option after all. Would my following grasp on how the process works be right in that once I have served the defendant he has 21 days to either pay the debt, contact me disputing my claim and asking me to withdraw the demand or contact the court to have it set aside after which a hearing will be arranged where I can then fight my case. Do I need to contact/lodge the demand with a court before those 21 days are up? In the event that the defendant doesn't respond to the demand/ignores it and I proceed to bankruptcy will the lack of response/action from the defendant work in my favour?
  13. What are the costs involved with getting a statutory demand? I'm aware of how much it will cost to 'serve' the demand but what others costs will I need to be aware of? I looked at the charging order as the quickest and cheapest way to get a resolution, i.e. £100 for the order/court fee and then I get to face the defendant in a hearing, if I don't get the money for 5,10 or 20 years I don't care as long its gets paid at some point The back story to the debt is that the defendant (a sub contractor) owes myself and a work colleague (both self employed) unpaid wages for work we carried out for him. He pulled off a job soon after starting the works but was paid a 'settlement' amount for the work carried out by the main contractor along with other monies owed from another job. What I need to do is get the defendant in front of a judge to argue/prove he owes us the money, during a previous 'order for questioning' the defendant claimed he 'was going to pay us but then got very sick' and then contradicted that by saying he 'agreed with the main contractor that they would pay us'. I have a letter from the main contractor saying that there was never an agreement to that effect and that he told them he would pay us. I would rather not go down a path that will involve lots of more time and money only to face a judge who might decide we don't have enough evidence against him. The most important thing for me is to get him in front of a judge to argue/prove my case, when I get the money isn't an issue for me. That said, would I not be better to stick with the charging order?
  14. Sadly this matter has been dragging on for over a year and a half now and I really don't have the time or energy to pursue the third party order as I believe it will end up a can of worms, trying to find out which account the money goes into, if any and all the serving of papers needed., the defendant is as slippery as they come and it will be a nightmare I just want to get a resolution and if that means that I can get the defendant in court and for a charging hearing and get the charge made final with no payment conditions attached then that will be enough for me, I will have secured the debt even if its on the never never as such. I will take my chances that I can appeal to the DJ discretions, hopefully that will be enough. Can you tell me what an 'RP check ' and 'prepare an imminent proceedings list' are and how I go about them?
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