Lending money to a friend.

[Ganymede]

At a guess, I have an Equitable charge as he is the sole owner but paying a mortgage. Does this sound correct..

 

Yeah sounds correct.

[Consumer dude]

Will the defendant have to pay my application on form N316..

[Consumer dude]

If I seek to get the defendant into court to declare his income under oath, can he be ordered to pay the costs of that application ?

[determindator]

Maybe an idea to ring the Court who can comment on the questions. You could also ask about their duty solicitor which would be helpful on the day. A local solicitors office should also be helpful either on the phone as a brief question and answer issue or it is usual to give 30 mins face to face info for free.

[Ganymede]

If I seek to get the defendant into court to declare his income under oath, can he be ordered to pay the costs of that application ?

 

As always, the awarding of costs will be a the discretion of the Judge.

 

You should make sure you file a statement of costs in advance of the hearing date and ask for them on the day.

 

If the other party has been given plenty of opportunities to volunteer the information and has acted unreasonably in not doing so then you have a strong case for having costs awarded in your favour.

 

Bear in mind that it is a lottery with Judges and there is no guarantee.

[Consumer dude]

It does make you wonder about the costs. I was only awarded the £147.00 for the application parts at the final charging order hearing..

[Consumer dude]

Starting to look at form N316, application for order that debtor attend court for questioning. This is an added bonus to obtain further information and if I can get the application out by the end of this month, then that would be good. I need to do this right and slowly as since having seizures, I need to think of my health. Here goes then, on the form, it states judgement debt or order, should I put the total amount that includes the recent amount added which was £147.00 at the final charging order hearing ?

[Consumer dude]

Will I require the debtors documents to be sent to me ahead of any hearing to be questioned ?

[Consumer dude]

How best do I get back exately what I am spending out as I got awarded less on the charging order application which is not just unfair but its not justice..

[Consumer dude]

Has any one got any ideas how to add interest on the amount currently owning ?

[BazzaS]

Has any one got any ideas how to add interest on the amount currently owning ?

 

Did you ask for interest in your CCJ application?

[Consumer dude]

Yes, up to the point of judgement, but beyond that it's very vague..

[determindator]

Here goes then, on the form, it states judgement debt or order, should I put the total amount that includes the recent amount added which was £147.00 at the final charging order hearing ?

 

I don't see why not, I would.

 

IMO, if the interest has been taken into consideration up to judgement, if there is a delay in receiving your money, why shouldn't you expect that arrangement to continue until you get a payment. Anyway, you can put your claim in and the Judge will give a reason if it's refused. Don't ask don't get.

[Consumer dude]

There is no immediate hurry I guess as I already have judgement and a charging order but it's good to be on the ball with it all..

[Consumer dude]

If I send N316 form to the court, do I need to send a copy to the defendant at the same time ?

[AndyOrch]

Normally the court Bailiff serves it on the defendant

[Consumer dude]

Normally the court Bailiff serves it on the defendant

 

We may be at crossed purposes, I have a charging order in my favour. I could leave it as it is, however as a curious aspect I am of the mind to know the defendants income so an N316 is where at the moment I think I am heading..

[AndyOrch]

The court bailiff or a process serves the n316...that was your initial question in post # 771

[Consumer dude]

The court bailiff or a process serves the n316...that was your initial question in post # 771

 

Ok, I post the N316 to the court with the fee and the court serves the order to the defendant which I assume I receive a copy..

[Consumer dude]

Would myself or the court send EX140 to the defendant..

[AndyOrch]

No....Make sure you are familiar with the questions that will be asked on forms EX140 and EX141 before deciding whether there are any extra questions that you may wish to ask.

 

The county court forms EX140 & EX141 are used only at court hearings. They must not be used as income and expenditure forms and you should not hand or send them to the judgment debtor by post for completion.

 

Where you have specifically asked to question the judgment debtor before a judge, the hearing will be in open court and the standard questions in forms EX140 or EX141 will not be used. The proceedings will be tape-recorded.

[Consumer dude]

I am making one last attempt to get the defendant to meet me for him to give me a written confirmation that he will settle without the need for me to go for further legal action. If this was to happen, would it be in my interest to fore warn him of my intentions to request his income details. This may focus his mind to decide in being sensible. I believe he has lodgers and I wouldn't have thought he would want that income declared but if he were to be expected under oath to declare all income and he did not, a claim of perjury (is it not) could be laid at his door. Thoughts on this please ?

[determindator]

Settle in the sense he pays the full amount in cash? Worth a try CD however, again as we know for a 'friend' to deny you gave him money in the first place I would get your form in. If you got your cash, you can then inform the court.

[Consumer dude]

Week beginning 7th/Dec/2015, I intend to send N316 form to the court, if no meet is agreed between myself and the defendant who is now by an order of the court a debtor. Please guide me through the process. I believe I understand to do the following. A/ N316 form to be sent to the court only and not to the defendant. B/ I will enclose the court fee which I believe to be £50.00. C/ On receipt of the application on N316 form, the court will draw up an order for the defendant to attend court for questioning under oath regarding his income and to which they will send to me (the court that is) copy of said order and to which I will then serve on the defendant. D/ Have I missed anything out at this stage ?

[Consumer dude]

Anyone ?