Debtor/Defendant Not Co-operating

maximumme
maximumme Posts: 84 Forumite
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I have issued a Notice of Issue to an individual who owes me £40,000. He has ignored all previous correspondence sent to him, and has now ignored the notice sent via the Money Claims Centre. I have been told to send a request for default judgement. If I am successful, does anyone know how I can find out what assets he has, as I have been told I can put charges on his property, then force a sale. He is a property developer and landlord, I know he has many properties, but how do I find out where they are?

Comments

  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    Good luck, because you are going to need it without a legal agreement!!
  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    Combo Breaker First Post
    In Scotland all landlords are required to register with the local authority. Not sure if that's the case elsewhere in the UK.
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • maximumme
    maximumme Posts: 84 Forumite
    First Post First Anniversary Combo Breaker
    Good luck, because you are going to need it without a legal agreement!!
    He has admitted to the debt, offering me half as final settlement 18 months ago, which was not acceptable.
    Now I need to find what assets he has, which I am not sure how to go about it. I know he has around 20 houses and a restaurant and other businesses. The restaurant is the only one I know of it's whereabouts.
  • Caz3121
    Caz3121 Posts: 15,542 Forumite
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    From your post last year, you invested £30k with the enticement of a £40k return. Are you claiming your £30k back or the £40k?
  • antrobus
    antrobus Posts: 17,386 Forumite
    Good luck, because you are going to need it without a legal agreement!!

    The OP already appears to be on the verge of getting a default judgement. That would be sufficient to make the agreement 'legal'.
    maximumme wrote: »
    ..... He is a property developer and landlord, I know he has many properties, but how do I find out where they are?

    There are firms out there who will do 'asset tracing' for you. Not to mention debt recovery agencies who will happily see if they can collect the money on your behalf for an agreed percentage.
  • maximumme
    maximumme Posts: 84 Forumite
    First Post First Anniversary Combo Breaker
    Caz3121 wrote: »
    From your post last year, you invested £30k with the enticement of a £40k return. Are you claiming your £30k back or the £40k?
    I am claiming £40k, plus interest.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Name Dropper Photogenic First Anniversary First Post
    maximumme wrote: »
    I know he has around 20 houses and a restaurant and other businesses. The restaurant is the only one I know of it's whereabouts.

    In my personal experience people like this tend to be extremely clever financially. Owning next to nothing in the way of assets personally.
  • I got a judgement against a debtor a few weeks ago. Before this, he was sent documents from the court to complete in August last year which he did not return. They gave him more time, still he did not return the forms. We applied for default judgement in December but the court decided to give him another 14 days to send in the forms, again, no response. The case was found in our favour last week, but this week he has applied to have the CCJ set aside. I am led to believe the hearing would be in his county court. Would I have to attend and why should the court set this aside when he has not co operated and it has already been found in my favour?
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