Form k Restrictions on 2 different properties - one RE: HMRC Business vat CCJ 2012 - 1 property sold OK 1 to go!

[dx100uk]

Well that arcticle says they can't use HMRC bailiffs as they could of used those in the 1st place without any court 

 

Something smells here and I think it means nothing more they can do nor they want to .

 

Dx

[BankFodder]

Open 

[ohitsonlyme]

Sale of Property one has now gone through half  Funds transferred to ex

Creditor 1 (divorce solicitors) have already contacted our solicitors asking to be repaid (too Late) 

I am still wary about what can be done so I shall keep all updated.

[dx100uk]

nothing ignore them.

 

dx

 

[ohitsonlyme]

Stat demand attempted to be delivered today!! not delivered so not served and no copy of it as yet

They tried to serve it on my wife ( similar name to my ex wife ,the debtor)

[dx100uk]

SD for who ? from who? about what?

 

[ohitsonlyme]

SD to ex from ex solicitors   who held a form k for a ccj from 10 years ago

[dx100uk]

to remind posters ,

.......................

the default CCJ was from 2010 and resulted in a CO/Restriction k - debt was from her divorce solicitors who totally saw her coming, we owned several properties,

my divorce bill was £2,000

hers was the order of 15k and rising.

.......................

im not too sure they can issue an SD - its an abuse of process? 

the default CCJ/rest k (now gone due to sale)  is 13yrs old - 

p'haps @Andyorch will clarify . 

[AndyOrch]

The creditor may present a petition to court for a:

·       bankruptcy order if, after 21 days, a statutory demand claiming a debt that equals or exceeds £750; or

·       winding-up order if, after 21 days, a statutory demand claiming a debt that exceeds £750

 

 is not:

 

·       paid;

·       secured (an agreement reached for payment); or ( Existing K Restriction is security)

·       set aside or an injunction is granted.

[dx100uk]

brrr....working...brrrr...working....

so an SD can be issued as the security (the rest K) no longer exists....i think....

[ohitsonlyme]

Ex is vulnerable, has been bedridden for 10 years, and she is willing to pay sols costs but  8% interest doubles the debt.

 

Sols still have security on second property that she stills lives in that I am renovating in order to sell in the coming few months so the debt continues to be secured (as we have found not very easy to gain payment on from k restriction)

 

I've been reading about interest on CCJ after 6 years not being enforceable under limitations act also that the creditor would need to go back to court for permission to enforce.

Is SD enforcement or action? I dont know the difference

 

As an interesting aside as her divorce sols knew they about the HMRC debt and on the charging order stated that they knew of no other creditors and so gained priority over HMRC!! I think that telling them that we  would report this to the court to HMRC and SRA may help in negotiations

 

Can the additional costs of SD and further court action be added to the current total debt if not then this would help in negotiating  a reasonable settlement

 

Ideally I would like someone to negotiate with them to reduce interest

[dx100uk]

ah right so security still exist for this CCJ/CO now SD debt.

then i dont think they can go for an SD.

and as for interest, thats cheeky. but the CCJ no post judgemental int plays no part.

dx

 

 

[ohitsonlyme]

I shall wait and see exactly what the server was trying to serve once it arrives at the correct address

Security is still on one property and as I am also the beneficial owner of 50% I dont think they can force sale

50 minutes ago, dx100uk said:

and as for interest, thats cheeky. but the CCJ no post judgemental int plays no part.

I dont understand this sentence could you explain please

[dx100uk]

cant force sale no and never could. 

if the ccj did not mention post judgemental interest then it cant be added. and a s the sun of the rest k has not changed, i dont think they can add interest on a statutory demand no. but anyway the security still exists on the debt (so they had a rest k on both properties?  i didnt ask this before) so sd cant be done too from what i understand. 

dx

 

[ohitsonlyme]

CCJ did add post judgment interest so far 0ver 3000 days

copied from tinterweb:The sheriffs office:

I thought it was interesting, I dont know the difference between action and enforcement

Limitation Act 1980

Section 24 of the Limitation Act 1980 states that:

• An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable
• No arrears of interest in respect of any judgment debt shall de recovered after the expiration of six years from the date on which the interest became due.

Lowsley v Forbes

This situation was considered by the House of Lords in the case of Lowsley v Forbes where the claimant wished to enforce the judgment 11.5 years later, when the defendant returned to the country.

The Lords ruled that the legislation barred the bringing of a fresh action, but that execution of the existing judgment did not count as a fresh action. Therefore the claimant was able to take enforcement action.

However, the Lords did rule that the limit of six years’ interest did still apply.

Impact of delays

The main impact of a long delay in enforcement will be whether the judgment debtor can be located, has sufficient assets and is solvent. In the case of a business, it may have been wound up or gone into insolvency.

There will also be the fact that only six years’ interest can be recovered.

Permission will be required from the Court to obtain a writ of execution on a judgment more than six years old under RSC Order 46, rule 2(1)(a). The Court is likely to ask why there has been such a delay and will take this into account when making its decision.

The judgment debtor may also challenge enforcement on the basis of delay. However, he will have to provide compelling evidence of the extent of prejudice to the debtor by reason of the delay.

[dx100uk]

an SD is not enforcement of a CCJ.

 

[ohitsonlyme]

IS SD a further action that is not allowed as per my above post

I shall wait to see the actual document when it arrives 

[dx100uk]

i dont think they can.

if a restriction still exists on her other property for the same debt.

is this true?

 

[ohitsonlyme]

Yes there is still a standard form K restriction in place on our jointly held house where she is now bedridden.

I havent seen the document that was attempted delivery so best to wait until something turns up at property 2 where ex now lives

[dx100uk]

but does the existing rest k name her  like the one that was removed from the other sold property?

[ohitsonlyme]

Yes form k is in her name for both creditors and still live on unsold property 2

[dx100uk]

hope im right im sure @Andyorch will clarify further about if the SD is ok to be raised......

 

dx

 

 

[AndyOrch]

If the restrictions are still in place they cannot issue a SD as the existing CCJ/s acts as security.

[dx100uk]

[ohitsonlyme]

There is still one restriction in place on the unsold property 

 

Edited July 24, 2023 by dx100uk
unnecessary previous post quote removed