Charging Order

ish

I have started a legal case against 2 defendants who was a partnership of a business and took my money and didnt provide the service nor refund money. Judgment has been given in my favour and i have enforced that. Bailiffs has been unable to gain any progress. I want to apply a charging order onto their property (both defendants are married to each other and both are named on the house). I have been looking at the form for this which is Form N379. I dont know how to apply it on BOTH defendants whether i need to make 2 applications or i can do it within 1. Can someone help me on how i can make sure its both defendants.

Pound

Do you know that they own the property, e.g. could it be rented? Are you expecting them to move out sometime soon? If not you're probably just adding another £55 on top of the money you'll never see again.

ish

They own the property. I got the land registry to confirm. It seems that they are looking to move out in the near future

sneezyboots

just to let you know. the law is terrible when it comes to things like this. 3 years ago my other half was working for a man who owned the business. this man decided he was going insolvent and didn't want to pay my OH for the last 2 months wages and then just told him to go home one day, that he was redundant. after lots of advise went to court claiming unfair dismissal/redundancy thing (he didn't even pay him redundancy) and unpaid wages. this guy knew every court loophole there was. didn't show up to court. my OH was awarded a few grand with wages and things added together. followed all the correct procedures to claiming the money. bailiffs weren't interested as company had ceased to exist (despite the fact the law says when becoming insolvent you have to inform those you owe money to, which never happened). even spoke to MP about it and nothing could be done. just so happens i know people who live near this delightful guy and i know that him and his wife moved away into rented accomodation while they tried to sell their house. 18 months later their house hadn't sold, they were completely skint and had to move back in which would have drained a few grand from their pockets. sounds like karma to me!

so what i am trying to say is don't waste too much money chasing it. if it really is worth it and you can afford it, get a proper lawyer to deal with it, but trying yourself things will not be on your side.

ish

Thank You sneezyboots.
This is the first time i faced this sort of injustice so it has become personal. I couldnt believe the law isnt there to help me much when the defendant knows the laws inside out. I have also contacted an MP with no avail. Its more about justice then anything else. I will be pursuing it and seeing what i can do otherwise i have to live with a fact that good doesnt prevail. I have received correspondance from my MP and a letter has been sent to Jack Straw. I want to make sure the defendant doesnt get away with it because bad people should never get away with it. I feel more sorry for people who have dealt with him and is not in a good financial position to pursue it. It seems he has been doing this to MANY people. He has numerous CCJ's and he drives around in expensive Mercedes and BMW which he leases so bailiffs cant take it.

penguin83

If both defendants are joint owners of the same property then only one application and fee is needed and both defendants will be named on the one application. You would only need a separate application if you are seeking a charge on more than one address. x x

ish

On the application form how do I mention both defendants. Do I just need to mention 1 of the defendants or how do I do it.