Help enforcing CCJ

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  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    waamo wrote: »
    Does he own a house? If he does a charging order might be the way forward.

    He has at least 2 houses - 1 where his wife/ex wife lives with and 1 with his new girlfriend. He told me all this when we were discussing the investment deal. I have had this confirmed with land registry checks.

    He also used to have property abroad. He may still have but I haven't checked that, not sure how one would.

    I'm going to give HCEO's one last chance so if anyone has any recommendations, please let me know.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    Just had a 2 page email from HCE group telling me about the various "visits" they have made. The debtor was never in, hmm!

    The stupid debtor has now paid the £100 he normally deposits in my bank to the HCE group. How do I go about cancelling that if I change HCEO?

    They also sent me an email from the debtor to them asking the HCEO to give him a call three days in advance so he can meet them when they turn up. The cheeky ******* also said "I am being extremely accommodating and helpful".
  • waamo
    waamo Posts: 10,298 Forumite
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    I would get a charging order. You've wasted too long. That might make him sit up and take notice.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    waamo wrote: »
    I would get a charging order. You've wasted too long. That might make him sit up and take notice.

    I'm on it.

    I'm off work next week and I will be doing that.

    If he has a lot of other people who he owes money to, will they get preference over me? Mind you, both houses together would be over £300K and I think his total debts are about £160K.

    Thanks.
  • fatbelly
    fatbelly Posts: 20,448 Forumite
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    edited 31 May 2017 at 6:33PM
    mimi1234 wrote: »
    As someone noted towards the starting of this thread, the programme "The Sheriffs Are Coming" is very misleading. It's glammed up viewers like me end up thinking the HCEO goes in and does not come out until everything has been sorted. It doesn't happen in real life!

    That was me

    I also suggested (in February) that you go for a charging order. It secures the debt, gives you the best chance of getting something if he goes bankrupt and, if you can find a property that he owns (preferably not jointly) but does not live in, you may be able to get an order for sale.

    He can offer up the 'preference' argument against the CO going final but, in practice, the courts ignore this. As you say, there are likely to be other creditors out there - getting your debt secured puts you ahead of them,, particularly if one of them issues a statutory demand to try to make him bankrupt.

    A land registry search to check ownership costs (I think) £3
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    fatbelly wrote: »
    That was me

    I also suggested (in February) that you go for a charging order. It secures the debt, gives you the best chance of getting something if he goes bankrupt and, if you can find a property that he owns (preferably not jointly) but does not live in, you may be able to get an order for sale.

    He can offer up the 'preference' argument against the CO going final but, in practice, the courts ignore this. As you say, there are likely to be other creditors out there - getting your debt secured puts you ahead of them,, particularly if one of them issues a statutory demand to try to make him bankrupt.

    A land registry search to check ownership costs (I think) £3

    Hello FB, how are you my love?

    I've done all the research and I am going to do the LR checks on both of his properties. Is there anyway of finding out if he still has properties abroad? I guess I would need to speak to a solicitor about this.

    The worst thing is I might lose out on a couple of hundred quid if a CO is not granted but hey ho, it won't be the end of the world.

    I'm still a bit gobsmacked that he thinking paying the £100 to the HCE Group means they have disappeared and he has swanned off to get a fancy new car. It was a fancy new Audi!

    I've been speaking to The Sheriffs Are Coming and they sound a bit more genuine. It's just a shame they can only go to two properties because if he is not at one of his two houses, he would be at his Mothers or his business address.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    mimi1234 wrote: »
    Is there anyway of finding out if he still has properties abroad? I guess I would need to speak to a solicitor about this.
    A UK solicitor won't be able to help with this mimi. You can't get a UK charging order over overseas properties.

    To enforce against overseas properties, you'd need to go to the local courts, and would be subject to whatever the local enforcement mechanisms are. You'd need a local lawyer to advise you on those. I don't think there is any way of doing a global search unfortunately.
    I'm still a bit gobsmacked that he thinking paying the £100 to the HCE Group means they have disappeared and he has swanned off to get a fancy new car. It was a fancy new Audi!
    Do you happen to have any idea where he is getting his money from, or who is paying him? If so you could consider a third party debt order.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    A UK solicitor won't be able to help with this mimi. You can't get a UK charging order over overseas properties.

    To enforce against overseas properties, you'd need to go to the local courts, and would be subject to whatever the local enforcement mechanisms are. You'd need a local lawyer to advise you on those. I don't think there is any way of doing a global search unfortunately.


    Do you happen to have any idea where he is getting his money from, or who is paying him? If so you could consider a third party debt order.

    Thanks for your information. I do appreciate it.

    He owns a successful property buying / letting agency. He runs it alongside his 2 siblings and from what I can fathom (this is just my guesswork), the income is split out so he gets the bare minimum and the other 2 get most of the money made hence him not having to pay his debts.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    Oh just seen him whizzing past in his face car again. Took a cheeky snap again and I have just checked the type of car it is and how much it sells for - £35K!

    I'm unsure if he owns it or it is leased. Surely someone in so much debt would not lease a car as fancy as that, just something that gets them from A to B? Hmmmm!
  • lincroft1710
    lincroft1710 Posts: 17,611 Forumite
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    mimi1234 wrote: »
    Oh just seen him whizzing past in his face car again. Took a cheeky snap again and I have just checked the type of car it is and how much it sells for - £35K!

    I'm unsure if he owns it or it is leased. Surely someone in so much debt would not lease a car as fancy as that, just something that gets them from A to B? Hmmmm!

    Did you make a note of the registration? It would be an asset that could be seized if it belongs to him and not to the property company or on lease.

    A word of warning. If you ever see this car parked unattended, under no circumstances, however great the temptation, key the car or slash the the tyres or damage it in any way. Criminal damage is a serious matter and being found guilty could lead to imprisonment. But i am sure you would not commit such a crime
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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