Unpaid Debts

mimi1234

The interim charging order has come through. Hallelujah.

I've done some research and the house has no young children nor does it have any elderly people so will see what happens now. Hopefully they will make him sell it but it also depends on how many others have a charging order against him. By the way he does business, I wouldn't be surprised if there are LOADS!

pinkshoes

Thanks for the update and well done for your perseverance!

steampowered

Very well done indeed.

Download a copy of the official from the land registry, to make sure that your charging order has been correctly registered against the property.

The charging order by itself won't force them to sell the property - but should mean you get paid with interest when the property is sold.

mimi1234

Thanks both. Met up with a friend who understands a bit about the law and completed the certificate of service and statement of costs etc. I will be posting it out today so hopefully I will be getting a final order soon.

I know I am getting a bit excited but hopefully it will work and I will get my money back. Failing that, I will have to find other ways to enforce the debt.

Thanks for the help, as always.

pelirocco

mimi1234 wrote: »

Just a quick question. With the statutory demand, I have downloaded the form and have filled most of it in. Does the amount he owes have to be exact? I'm just a bit confused with the interest.

For example, say he owed me £10,000 at the start before I put in the CCJ. Then he agreed to paying me £100 a month but out of the 18 months, he skipped 8, so he still owes me £9,000. Do I just add the interest on to this or is there another way of doing this?

I initially was going to forego the interest but seen as he is making me jump through the hoops, I am going to do the same.

I know you arent going down this route now , but as a warning you need to be very very sure this debt is provable before issuing a statutory demand , courts take a very dim view of what they class as spurious and vextatious claims and it can be very costly to you .

mimi1234

pelirocco wrote: »

I know you arent going down this route now , but as a warning you need to be very very sure this debt is provable before issuing a statutory demand , courts take a very dim view of what they class as spurious and vextatious claims and it can be very costly to you .

I may do if this effort fails. What do you mean provable? He has admitted he owes me the amount when I had the CCJ granted.

All the amounts I have worked out have also been checked. I used the correct rate for the interest and every other cost I have receipts for.

I've all the paperwork from day one and I have a log of all the contact I have had with him also.

mimi1234

So I sent off the paperwork to the debtor, it's been two weeks and I haven't heard a peep off him. Is that good or bad? Or would he contact the county claims court directly with regards to the interim charge being made final? 2 more weeks to go before the 28 days are up.

mimi1234

I don't know if anyone can remember this but finally some good news. The IVA he tried to put forward was fraudulent, a lot of the debts were made up and he had no proof of them so it fell through. I managed to get a final charging order and he finally coughed up. There's still some money owed but most of it has been returned!

I will definitely not be doing anything stupid like that ever again.

Thanks so much to everyone who gave me advice and told me off for being so stupid.

savemoney

Dont know the ins and out just seen your 1st post about this. What an ordeal for you. Glad you almost to end of closure. We all make mistakes as well

mimi1234 wrote: »

I don't know if anyone can remember this but finally some good news. The IVA he tried to put forward was fraudulent, a lot of the debts were made up and he had no proof of them so it fell through. I managed to get a final charging order and he finally coughed up. There's still some money owed but most of it has been returned!

I will definitely not be doing anything stupid like that ever again.

Thanks so much to everyone who gave me advice and told me off for being so stupid.

mimi1234

Just a quick update.  Managed to get every last penny and court costs from the !!!!!!!  I won't ever be doing anything like that again.  

MORAL OF THE STORY: IF IT SOUNDS TOO GOOD TO BE TRUE, IT WILL BE, RUN IN THE OTHER DIRECTION!