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Everything posted by joeguitar

  1. In brief.. I hold a charging order on a property The debtor became bankrupt last year and it seems has now been discharged. As the charging order survived the bankruptcy my question is.. Can I still go down the route of enforcing the judgment in the usual manner, for example, could I apply to court for an 'Order to Obtain Information' etc A little background info.. The property in question has a mortgage. The mortgage lender took the debtor to court and obtained a possession order in July 2015. To my knowledge the mortgage lender still hasn't acted on it yet. Any thoughts welcome and thanks in advance
  2. Hi, Thank you for the reply. It re-affirms what I thought. I see the point of schools and possibly other employers having such riders in their contract however I don't believe this to be the case. I think a double check of her contract will confirm this. Thanks again for your input
  3. Hi all, I have a quick question on behalf of a friend.. She is currently employed with the council however has handed her notice in to finish sometime in July. Her contract only requires 4 weeks notice so this is fine. Due to changing circumstance she now wishes to finish earlier i.e just work the minimum 4 weeks notice. She has been told she can't change it now because shes already given notice to finish in July. Can anyone clarify if this is correct. I would assume she could simply retract her original notice and give them a new one providing she is still giving the correct 4 weeks period of notice etc. Thanks in advance -J
  4. Thanks Ganymede, I will take a look at that. I get the feeling I'll have to just wait until somebody shows there hands, either the bank or the defendant. One thing this whole thing has taught me is that my patience is certainly a virtue
  5. HI all, Although this relates to my previous thread Ive started a new one as I felt it was a standalone question. Feel free to merge if needed. Is it possible to apply to court to have a bank release information regarding the status of a mortgage? Thanks
  6. Hi, Ive followed your thread for a while. I'm glad the hearing went ok. I know it probably doesn't seem like a lot but £25 is certainly better than what he was offering. As for receiving payments I would recommend anything that is traceable such as cheque, standing order, bank transfers etc. That was a full account can be kept of what he has actually paid. If he fails to pay or misses deadlines then I'm sure some of the more knowledgeable on here will give you advice. I suspect you would be able to take other enforcement action in that case. Well done for getting this far and good luck
  7. Hi Ganymede, yeah thats pretty much my understanding on the issue. The only action i can see left is having him summoned back to court to give the information under oath. A difficult and time consuming affair. Was just hoping there may of been a quicker more painless route with the bank Thanks
  8. Hi All, If this is in the wrong forum feel free to move. In short I have a charging order for a property to the sum of £40k I am aware that a possession order was granted to the Mortgage Lender of said property in July 2015 however as of 8 weeks ago the bank have not acted on it. There still appears to be no movement. My question is, because I have an interest in the property, is there any legal ground that allows me to request information from the bank as to there intentions? i.e are they planning on taking possession or has an arrangement been made etc I have written to both the bank and the defendant who owns the property but had no response. Any thoughts or advice would be appreciated. If you require more details then let me know Regards
  9. The property was owned solely by the bankrupt. It was actually vacant at the time of the possession order being granted as it was being rented out and nobody had lived there for almost 12months. It's just sat empty all this time. Do you think it's worth me writing a letter to the mortgage lender with proof of my interest in the property and asking whats going on ? Yeah I agree the lender may have agreed more time to pay or agreed on a reasonable amount to pay back. I guess this is what I need to know.
  10. Thank you for the responses. An interesting read. Fairly in line with what I thought. Unfortunately it means the chances of me finding anything out in the near future are slim. The property owner wont respond. The bank won't speak to me for data protection and when the Official Receiver contacted the bank it took them 7 weeks to respond and even then their response was vague at best and didn't clarify anything. I'm in contact with them but its like playing email tennis. As mentioned above it took them 7 weeks to get a response and that was vague. As for equity, to the best of my knowledge the mortgage owed is approx 40k. Arrears at the time of the court date when possession was granted was approx 2k. House last valued 2 years ago at around 85k. When I received the information from the official receiver at the start they have not included the property as an asset in the bankruptcy because between the mortgage lender and myself then there will be no equity left over.
  11. Hi thanks for the reply, Everything regarding the charging order is fine. Ive seen the deeds and it all looks fairly normal i.e mortgage lender first charge, me second charge etc. I guess what I'm trying to understand is why a bank who were granted possession 23rd July would still not of actually taken possession yet. The only reason for them not to actually take possession in my mind i if the person that owns the property suddenly started to pay the arrears etc. Or the bank dragging their feet I guess.
  12. Hi all, Apologies if this is in the wrong place..feel free to move admin. I'll try to summarize situation.. I am a creditor. I have a charging order on a property. There is a mortgage on property The debtor became bankrupt in September 2015 I'm dealing with Official Receiver who wrote to mortgage company regarding property. Mortgage lender states 'I can confirm that we have not taken this property into possession, however a possession order was granted 23 July 2015' Can anybody shed any light on what this means? The property has been empty for 12months. I would assume if a lender was granted a possession order' then they would take the property into possession as soon as possible. Any comments or thoughts welcome. Regards
  13. HI all, I have an N39 (Order to Obtain Information) to serve on a debtor. I have already had the debtor in court previously for questioning regarding the same matter. I was lucky to catch him off guard when serving personally the first time. I've decided to take him back in for further questioning as I'm not satisfied with his response. My problem now is serving a second time is proving very difficult. The debtor is evading service. His family are protecting him, even though he is clearly in the property. I read that I could possibly write to the court to request an alternate method of service. Does anybody have any experience of this? From what I understand I need to show/prove that the debtor is being evasive. Any thoughts on what constitutes evasive etc? Any thoughts welcome Regards
  14. Hi all, I just wanted to confirm that I have managed to have the spelling of the name corrected. I filed an N244 and requested it be dealt without a hearing. The fee as confirmed from our local court was £50. Provided a couple of documents to support correct spelling. Pretty straight forward. Thanks for the assistance. I have another thread dealing with other aspects of this case so this thread can be closed by admin if needed. Thanks again.
  15. Thanks for the responses..yeah I'm considering the order or sale route. The house is empty as it was a rental property. We are in the process of trying to find out if its worth anything. We have served an order for questioning however I highly doubt they will attend the first hearing. Preparing myself for more fun and games attempting a second time. On a side note I wonder if you might know the answer to this question.. Another course of action we're considering is a 'Third Party Debt Order'. Given that the defendant lives at one address but also owns a second property, can we ask the court to ask the third party to take this into consideration. Altho we have bank account details we don't actually know which address they would be registered too? Any thoughts?
  16. Hi, the amount owed is 50K plus costs. We've obtained a charging order on a property. We've just managed to serve a summons to attend court for questioning so we're going to see what, if anything, that reveals. Bankruptcy really is a last resort to be fair but I figured it wouldn't hurt doing some digging into how it works etc before we decide.
  17. Hi legalistic, thanks for the advice. It was definitely our mistake from the get go. Spoke to the court who advised it should only be £50 so just gotta take it on the chin
  18. HCEO was one of the first enforcements we took. The reason being the person owns, or at least did own, a very expensive car. BazzaS is right however in that with it being non-commercial its difficult if not impossible to get results as all they need to do is simple refuse entry. I have allowed them to keep trying however if only to keep pressure on. I'm glad your tactics worked BazzaS, always good to hear a success story
  19. Its a good idea as money, or the prospect of money, would certainly peak his interest. I intend to contact some process servers, i shall ask the question I'm sure we've all seen pleanty of american films where court documents were served through misdirection. A singing telegram comes to mind
  20. That was my understanding also. Thanks for the advice. It's fairly academic at the moment as we havn't decided whether its the right route for us but it's certainly helpful being able to clarify these details in advance.
  21. That's the million dollar question I have read other cases where an alternate method of service was used but I assume that would have to be sanctioned by a DJ. It's certainly an issue and need some serious thought on the matter. As for 'dirt dishing' sadly not to my knowledge. He lives with his parents and quite frankly they are protecting him by lying about his identity. A good thought tho..perhaps a door to door canvas in his area would reveal something Andy - thanks for the link, I will take a look at that.
  22. I see, interesting point. I guess it would be a gamble as the person could potential owe dozens of people, thus reducing any money we would receive. If at all that is I'm aware of one other CCJ that exists. Do you know of any means to determine who else he owes money too? Through my own fumbling around the internet it seems very unlikely due to DPA but thought Id ask anyways.
  23. Hi, glad to see your fighting the good fight. Just out of curiosity was the interest inccured from a 'Buy Now Pay Later' purchase on the catalog account?
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