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owning a flat

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Comments

  • linuxuk44
    linuxuk44 Posts: 86 Forumite
    yes, it is a written contract between us
  • linuxuk44 wrote: »
    yes, it is a written contract between us


    What does the contract actually say? Wording is essential. Was it witnessed and signed by a third party?

    There's so many questions you need to answer, I could go on forever.

    When, how, why did you give this person a loan? Was there a time frame for him to pay it back (with or without interest?)

    How much did you loan? Can you prove it was a loan (not as easy and straightforward as you think)

    Was it done through a legal channel?

    Without knowing all these facts it's impossible to offer advice (and I know very little - I'm not a solicitor) but if you go through a solicitor and courts you could end up losing even more in the long run.

    I've heard of people owing money and admitting it in court, and then offering a pittance each month to pay it off.:( That's providing they DO admit they owe the money and haven't paid it back in the time frame you stipulated. Courts (wrongly) tend to sympathise with the debtors!

    Putting a charge against a property is not easy. It costs you a lot of money, and if he's a shady character (and does own a property) chances are the deeds are in someone else's name. Or it's mortgaged up to the hilt......and the bank has first pickings.

    If he's bought his property and he has a limited business (and you're suing his business) you can't touch his property, sad but true.

    If you tell us more about the situation we'll try to help.....:money:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 23 March 2012 at 7:34PM
    What does the contract actually say? Wording is essential. Was it witnessed and signed by a third party?

    There's so many questions you need to answer, I could go on forever.

    When, how, why .........
    If you tell us more about the situation we'll try to help.....:money:

    To be honest I don't see why.

    OP does not have to divulge the details/background to his claim against whoever.

    He asked a simple question "can you find out if someone own a flat/house without knowing where in the uk it could be" and that's been answered.

    No.

    There are other ways to trace people/property as suggested:
    * the private detective route
    * police if serious crime involved

    but the OP was clearly hoping to do a simple (and cheap!) search of the Land Registry database. He was not seeking advice on the validity of his civil claim based on this contract.

    And if that was what he wanted, the property forum probobly wouldn't be the best place to come!
  • RAS
    RAS Posts: 36,130 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sonastin wrote: »
    If you can get a court judgment against him for the debt, they might then be able to help you secure payment of that judgment - via a charge against a property he owns is one possibility.

    You could look at an attachment of earnings if he is employed - where his employer deducts an amount per week from his paycheck and pays it directly to you. Might be a more secure route to get your money back. But only if you take the debt through the courts in the first place.

    You could try a statutory demand and aim to make him bankrupt if you think there is enough in the estate to pay you - cheaper in the short-term and more painful for him - with the IP owning all his assets?
    If you've have not made a mistake, you've made nothing
  • breadlinebetty
    breadlinebetty Posts: 896 Forumite
    edited 23 March 2012 at 8:17PM
    G_M wrote: »
    To be honest I don't see why.

    OP does not have to divulge the details/background to his claim against whoever.

    He asked a simple question "can you find out if someone own a flat/house without knowing where in the uk it could be" and that's been answered.

    No.

    There are other ways to trace people/property as suggested:
    * the private detective route
    * police if serious crime involved

    but the OP was clearly hoping to do a simple (and cheap!) search of the Land Registry database. He was not seeking advice on the validity of his civil claim based on this contract.

    And if that was what he wanted, the property forum probobly wouldn't be the best place to come!



    The OP wrote...



    2nd case,
    it is a serious money so want to do all i can to get it back,



    He wants to know how to get his money back - not just whether or not the debtor owns a property.

    And why would he pay a private detective (who could charge untold amounts) if he could simply go to the police if it was a criminal matter?

    If the person commited a criminal act when borrowing the money, that's a whole different kettle of fish. Fraud, forgery... whatever....but it sounds more like he's simply owed money, which is not a criminal offence. It's a civil matter. Until the OP goes into more detail he can't be advised on the best action to take.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The OP wrote...



    2nd case,
    it is a serious money so want to do all i can to get it back,

    ...
    No, actually he said:
    2nd case,
    it is a serious money so want to do all i can to get it back,
    can you hire a solicitor to search all land registries in the uk and find out if someone do own a propertY?
    still asking about land registry searches and property.
  • linuxuk44
    linuxuk44 Posts: 86 Forumite
    thanks to both breadlinebetty and GM

    What i was really looking for is the property and find out if there was a way to do this cheap without a complex process which looking at the answers it is no

    however this forum opened few other possibilities to go back a step and look at the contract and .....
    overall all advice are appreciated so far and I think i am best getting some advice from a solicitor as if i can at all get any money back using the contract between us

    thanks once again
  • propertyman
    propertyman Posts: 2,922 Forumite
    findermonkey.co.uk might work

    If you know their full name and age bracket, a search of 192.com might locate persons of the same name in all areas, and you can then search the electoral roll for the closest matches, and then if you are sure it is them do the HMLR search.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • findermonkey.co.uk might work

    If you know their full name and age bracket, a search of 192.com might locate persons of the same name in all areas, and you can then search the electoral roll for the closest matches, and then if you are sure it is them do the HMLR search.

    That looks like a good way forward - of course people don't always live in properties they own or own properties they live in.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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