Court order to force house sale query

ivebeenknocked

Yes apologies for going off the handle and yes you are probably right, family do seem to be the worst culprits. When I spoke to the clerk at the county court she told me that I'd be surprised how many cases they get that are between families etc. The debtor would never ever deny that this was a loan because they are not that stupid. They really thought that if they admitted it and made me an offer of £1.50 a month then the judge would come down on their side but that isn't the case now as I have the ccj for the full amount and the interim CO is on its way.

tell_it_how_it_is

ivebeenknocked wrote: »

The debtor would never ever deny that this was a loan because they are not that stupid.

Or, because they are! :rotfl:

Thankfully for you. Good to see that they aren't getting away with it though.

pauletruth

thats still a long way from forcing a sale of there home. have they sent an income form to the court. they were stupid admitting it as a debt. if they had said that you gave it to them then without paperwork who would the judge believe.

ivebeenknocked

I dont know exactly whats been sent to the court, the debtor sent a list of all their other debts etc and at the end of the list they put there was £1.50 left over which I could have. I have bank statements where it clearly shows that I transfered the money to them so they couldn't deny that this transaction took place.

pauletruth

indeed they could not. but there would have been problems proving it was a loan not a gift hence they were stupid. if the court excepts thats all they have then they will probably make a very low repayment plan. prepare to be depressed, but who knows you could be lucky. get the order on their home but thats about all you can do.

ivebeenknocked

I'll keep you posted,

ivebeenknocked

Hello,

just a qwik update on my situation, I now have a bankruptcy restriction which has been added to the debtors title deeds (Land Registry) and the court hearing will be the first week in January. I'm told that the court hearing will be a formality and the judge will find in my favour, then the ball will be firmly in the debtors court.

ivebeenknocked

Hello all,

just an update on what's been going on. I previously stated that I ahd obtained a bankruptcy restriction against the debtor. As it turns out, this was not the case at all. The debtor had filed for their own bankruptcy and in my opinon, had only done so to defeat my interim C/O. The debtor was under the impression that if they went bankrupt, then I wouldn't get my interim C/O made final and that they wouldn't have to pay me back a penny.
Well yesterday in court, the judge made the interim charge 'final' so I am well pleased. The debtor was sick as a parrot because he thought he had got away with it.
So a messege to all those folks that think that just because you make yourself bankrupt with an interim C/O pending, it doesn't neccessarily mean the C/O won't be made final :-)

geoffky

GOOD for you m8...well done...far too many think that by going bankrupt that it is the end of the story..it never would be for me..

TrueUnitedFan

ivebeenknocked wrote: »

Hello all,

just an update on what's been going on. I previously stated that I ahd obtained a bankruptcy restriction against the debtor. As it turns out, this was not the case at all. The debtor had filed for their own bankruptcy and in my opinon, had only done so to defeat my interim C/O. The debtor was under the impression that if they went bankrupt, then I wouldn't get my interim C/O made final and that they wouldn't have to pay me back a penny.
Well yesterday in court, the judge made the interim charge 'final' so I am well pleased. The debtor was sick as a parrot because he thought he had got away with it.
So a messege to all those folks that think that just because you make yourself bankrupt with an interim C/O pending, it doesn't neccessarily mean the C/O won't be made final :-)

congrats, but what does this mean for you? Will you 100% be getting your money back?