Court order to force house sale query

molerat

skintandscared wrote: »

Why? Why should the OP not get his money back?

I think chanz4's post was tongue in cheek as the majority of this type of thread are from the other side of the argument asking how to get out of paying

meer53

tell_it_how_it_is wrote: »

Meer53, indeed we only have one side, but it's all we're going to get, and what we have to go on.

Therefore, I find your thoughts surprising. If it was YOUR £40k, you were already two years beyond payback date, and they'd made an unbelievably ridiculous monthly payback offer which would barely scratch the surface, you would seriously be happy to wait an indefinite number of years to get your money back (which might still then not happen)?

If so, how willing would you be to lend me a smaller amount, say £5k?:)

If i had 5k to spare, you could have it, honest !

From what the OP and other posters have said, it doesn't sound very promising that any money will be paid back at all, does it ? If i'd had 40k spare to lend someone, without asking for any security at all, i would have been prepared for this eventuality. I just wouldn't want the fact that i'd made someone homeless on my conscience. We don't know what has caused the person who borrowed it to not be able to pay it back, they might have a perfectly legitimate reason.
Whatever happens now, the OP will be doing whatever they can to get their money back, all i was saying was that i couldn't go down the route they're looking at.

ivebeenknocked

Yes I have applied for an interim CO and yes I am using a solicitor now and they have told me that I've already won this case and that the debtor hasn't got a leg to stand on. The debtor can afford to pay, they just dont want to pay. I already stated that the debtor is the sole owner of their property with at least 70 grand equity and they have no dependents and their other debts are £3000 which pale into insignificance compared to the money they owe me. I telephoned the county court myself and the clerk told me that the judge has given me forthwith judgement and that I have to wait until I receive the letter back from the court before I make my next move. Negotiating with the debtor is now out of the question, they had the audacity to offer me a measly £1.50 a month which would take 2300 years to pay back. Or put another way, if I were to live until 65 years of age and then I was lucky enough to be re-incarnated and come back as me, I would need to be re-incarnated at least 37 times to see all of my money. The debtor is under the impression that so long as they make me an offer, then I have to accept it but as you all know that simply isn't the case. My solicitor told me that they have had 4 similar cases where they have had to issue COs and then OFS on a debtor, and then miraculously the debtor has come up with the money.

meer53

ivebeenknocked wrote: »

Yes I have applied for an interim CO and yes I am using a solicitor now and they have told me that I've already won this case and that the debtor hasn't got a leg to stand on. The debtor can afford to pay, they just dont want to pay. I already stated that the debtor is the sole owner of their property with at least 70 grand equity and they have no dependents and their other debts are £3000 which pale into insignificance compared to the money they owe me. I telephoned the county court myself and the clerk told me that the judge has given me forthwith judgement and that I have to wait until I receive the letter back from the court before I make my next move. Negotiating with the debtor is now out of the question, they had the audacity to offer me a measly £1.50 a month which would take 2300 years to pay back. Or put another way, if I were to live until 65 years of age and then I was lucky enough to be re-incarnated and come back as me, I would need to be re-incarnated at least 37 times to see all of my money. The debtor is under the impression that so long as they make me an offer, then I have to accept it but as you all know that simply isn't the case. My solicitor told me that they have had 4 similar cases where they have had to issue COs and then OFS on a debtor, and then miraculously the debtor has come up with the money.

Sounds promising then.
If they make 70k on their property then they'll be left with enough to repay you and manage themselves. Hope it all works out for you x

ivebeenknocked

Yes it sounds promising enough but I know that the debtor will not want to sell their 3 bedroom house and then have to rent a room after paying me back.

pauletruth

do you have a ccj. your 6 years into the debt. any risk they could tell you to bog off. your trying to inforce a debt without paperwork how can you prove it was not a gift. your luck they have not got a decent lawyer.

ivebeenknocked

They've already admitted it to the court that it wasn't a gift and that it was a loan, that's why the judge gave me judgment forthwith

chanz4

molerat wrote: »

I think chanz4's post was tongue in cheek as the majority of this type of thread are from the other side of the argument asking how to get out of paying

hit the nail on the head, my point is why would paying the op back be any different than a bank ??

pauletruth

ivebeenknocked wrote: »

They've already admitted it to the court that it wasn't a gift and that it was a loan, that's why the judge gave me judgment forthwith

then be grateful that they are stupid. you really need to look after your money better. what is the judge saying. that they owe you the money or that its inforcable. even when my father in law lent money to his son for his home he got a charge placed on his home.

if they have no income then even with a court order your going to get a few quid. if that is what the court thinks is what they can pay. can you get an order for a forced sale without them defaulting on the repayment plan set up by the court.

a silly question why did you lend so much money without any security.

ivebeenknocked

Well its a long story but lets just say that once I'm a little bit further down the line with this, then I will disclose everything about this sorry story and then you can all make up your own minds if you was in the same situation, would you do the same thing as me? For instance, if you asked your girlfriend to marry you, you wouldn't ask for a pre-nup as well..