Charging Order / Can I get information from Mortgage Lender?

[joeguitar]

Hi all,

 

Hoping somebody may be able to shed some light on my question..

 

I have a judgment against an individual.

 

I have come to realise his name is misspelt on the judgment.

 

Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'.

 

My question really is regarding what court fee I am supposed to pay.

 

Ive read the official fee guide but it doesn't make it very clear regarding this type of application.

 

Any thoughts?

 

Ive already emailed the courts to ask but thought somebody may have the answer on here.

 

Thanks in advance

[BankFodder]

I think that it may be about £150 now. You will have to ask the courts.

 

Is the misspelling very serious? Was the case defended or was it a default?

 

If it was defended and he didn't object to the name then frankly I would proceed as is.

[AndyOrch]

Should be ex parte (without hearing ) fee is £50.

 

https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-change-the-defendant-name.aspx

 

You will have to have the Notice of Judgment re served in the correct spelling.

 

Andy

[joeguitar]

Hi,

 

Thanks for the reply BankFodder and andyorch.

 

Its just a case of the name should be 'Stephen' rather than 'Steven'. The case was defended but then he didn't turn up. I've had it a while, even have a charging order on a property so name hasn't been an issue so far.

 

It's only become a possible issue for me as I'm going to issue a 'Third Party Debt Order'. I want to avoid any confusion with the bank and thought it best I get it updated to the correct spelling.

 

Thanks again for the response

[AndyOrch]

" It's only become a possible issue for me as I'm going to issue a 'Third Party Debt Order'. I want to avoid any confusion with the bank and thought it best I get it updated to the correct spelling."

 

:thumb:It would cause problems.......name must be correct

[joeguitar]

" It's only become a possible issue for me as I'm going to issue a 'Third Party Debt Order'. I want to avoid any confusion with the bank and thought it best I get it updated to the correct spelling."

 

:thumb:It would cause problems.......name must be correct

 

 

Indeed..Forms ready to go..wish I'd come across this forum 18 months ago. May of made the whole process a little easier

[joeguitar]

Hi all,

 

My post is fairly general in that I'm curious as to whether anybody has any experience in petitioning to make an individual bankrupt?

 

A little background..

 

In 2008 my father handed over a large amount of money to a family friend who promised to invest and pay back. To cut a long story short the money was never returned. We decided to action via county court, which we did and won. We are currently pursuing various enforcement actions but as you can imagine its proving difficult.

 

Getting to the point we have been discussing bankruptcy as a final course of action. We understand we may never see this money again but feel it may at least bring some closure for us.

 

Has anybody been down this route? How did you find the whole experience?

 

Any comments or experience welcome

 

Thanks in advance

[Ganymede]

It will be a long, drawn out and complicated procedure that will cost you the best part of a grand upfront with no promise of a great return on the debt.

 

Have you considered a Charging Order?

[joeguitar]

Thanks for the reply Ganymede. Yeah my assumption was a long drawn out affair. Yeah we have a charging order in place on a property the person owns already. The problem we have is ascertaining what, if any, value there is in terms of equity. We are currently attempting to use an 'order to obtain information' however its proving difficult due to the person evading personal service.

 

Ive read in other forums and what not that if a bankruptcy was granted then the debtors assetts and financial circumstances can be investigated. I strongly believe the person may have other substantial assets however it's very difficult to prove.

 

I don't mind the long drawn out part..nor the money involved in doing it to be honest..I guess I'm just looking for some closure on the matter one way or another.

[Ganymede]

You won't get the full amount either as it's likely you'll only get a certain pence in the pound along with all the other creditors.

 

It will depend if the guy is insolvent.

[BazzaS]

If they are evading service of a court order to provide information, how do you plan to serve the statutory demand prior to commencing bankruptcy proceedings?

[joeguitar]

You won't get the full amount either as it's likely you'll only get a certain pence in the pound along with all the other creditors.

 

It will depend if the guy is insolvent.

 

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.

[BazzaS]

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.

 

Debts that haven't reached IVA / CCJ stage - nothing 100% reliable (while still legal).

 

Is / was the debtor in a close relationship with anyone who might "dish the dirt", especially if they too have been bilked?

[AndyOrch]

https://www.gov.uk/government/organisations/insolvency-service

 

The above will show possible DRO,s and IVA,s...you can also check for further CCJ,s on the Registry Trust.

 

Andy

[joeguitar]

If they are evading service of a court order to provide information, how do you plan to serve the statutory demand prior to commencing bankruptcy proceedings?

 

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.

[Ganymede]

You would need to apply to Court for substituted service and then post the Stat Demand.

[BazzaS]

Is it time he won a competition?

 

(Did not the police lure some "baddies" out of hiding by telling them they won a competition? Is that urban legend??)

 

If the target enjoys "something for nothing" would that be an option to lure them out, and would it risk making a process server's "serving" invalid?

 

If the process server isn't aware of the "lure", would that invalidate the service?

[joeguitar]

You would need to apply to Court for substituted service and then post the Stat Demand.

 

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.

[joeguitar]

Is it time he won a competition?

 

(Did not the police lure some "baddies" out of hiding by telling them they won a competition? Is that urban legend??)

 

If the target enjoys "something for nothing" would that be an option to lure them out, and would it risk making a process server's "serving" invalid?

 

If the process server isn't aware of the "lure", would that invalidate the service?

 

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

[BazzaS]

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.

 

I've served someone with a SD in the past.

 

It was a combination of believing it was "won't pay" rather than "can't pay", but also that I was in a position financially where I could take the chance they wouldn't pay up, and that I would have to fund the bankruptcy, but it was worth it to me ("por discouragez les autres" : that word would get around that it wasn't worth bilking me).

 

They knew it wasn't a bluff, and I felt it was worth the risk of loss to me for their case to bolster my reputation for "not bluffing" and making their life difficult. They paid up.

 

What I didn't know was that they had borrowed from me despite being in an IVA. (This came out later).

I don't know if that made matters worse (less likely for them to be solvent and be able to repay) or better (they didn't want their lies to their Insolvency Practitioner to come out!).

I can only presume they borrowed elsewhere to repay me : & I can only hope the new lender didn't get bilked!

[ssett]

I saw some TV programmes where the creditor apply to the High Court for enforcement and a lot of the money was retrieved. Going the bankruptcy route you involve other creditors

[BazzaS]

I saw some TV programmes where the creditor apply to the High Court for enforcement and a lot of the money was retrieved. Going the bankruptcy route you involve other creditors

 

Little use if it isn't a business as the debtor (so no right of entry to premises) in combination with the debtor not having seizable (/ apparent) assets.....

[joeguitar]

Little use if it isn't a business as the debtor (so no right of entry to premises) in combination with the debtor not having seizable (/ apparent) assets.....

 

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

[legalistic]

If the error was the court's fault they should correct it without charging a fee under the so-called slip rule. Try a letter or email.

[joeguitar]

If the error was the court's fault they should correct it without charging a fee under the so-called slip rule. Try a letter or email.

 

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