Recovering a debt from the proceeds of a house sale

Grumpy_chap

ProDave said:

The owner, at least the woman agrees the debt is due, but has no money to pay it.  I was hoping therefore that by staking the claim with the solicitor handling the sale, he would discuss the matter with the owners of the house and agree with them to settle the bill upon the sale of the house. 

concern here is until the house is sold the woman has no money and the bloke is untracable.

The woman might acknowledge that the debt is due.  If you contact the Solicitor, they might ask the woman how she wishes to respond.  She might agree that the Solicitor can pay your bill from the proceeds of the sale.

OR, the woman might just say anything that she thinks you want to hear knowing that, once that house is sold, she, too, will be untraceable...

If you want to do anything, LBA, small claims court and charging order on the house, assuming you are successful at all stages and get through that process before the house sale completes and the woman is untraceable.

user1977

One method of recovering the debt is to register an Inhibition, which effectively prevents the debtor from selling any property in Scotland before they've paid you - but you will need either already to have a court judgement, or be starting court action at the same time as registering the inhibition. Also will cost you a wee bit to set up, but is pretty much guaranteed way of getting your money back (though you will need to wait until they've sold the house).

How much money are we talking about?

Brie

Grumpy_chap said:

ProDave said:

The owner, at least the woman agrees the debt is due, but has no money to pay it.  I was hoping therefore that by staking the claim with the solicitor handling the sale, he would discuss the matter with the owners of the house and agree with them to settle the bill upon the sale of the house. 

concern here is until the house is sold the woman has no money and the bloke is untracable.

The woman might acknowledge that the debt is due.  If you contact the Solicitor, they might ask the woman how she wishes to respond.  She might agree that the Solicitor can pay your bill from the proceeds of the sale.

But if the bill is owed by the couple rather than the woman then it should be paid by the couple.  She might agree that it be paid out of the proceeds but the man decide he still wants his 50% which isn't fair to the woman.  None of which should be OP concern of course as long as the bill is paid.  (in the nicest possible way, not saying he's uncaring)

canaldumidi

Service on a solicitor or within the United Kingdom

6.7

(1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where –

(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or

Service of the claim form where the defendant does not give an address at which the defendant may be served

6.9

(1) This rule applies where –

(a) rule 6.5(1) (personal service);

(b) rule 6.7 (service of claim form on solicitor); and

(c) rule 6.8 (defendant gives address at which the defendant may be served),
do not apply and the claimant does not wish to effect personal service under rule 6.5(2).

Nature of defendant to be served	Place of service
1. Individual	Usual or last known residence.

Service of the claim form by an alternative method or at an alternative place

6.15

(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.

(2) On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.

(3) An application for an order under this rule –

(a) must be supported by evidence; and

(b) may be made without notice.

(4) An order under this rule must specify –

(a) the method or place of service;

(b) the date on which the claim form is deemed served; and

(c) the period for –

(i) filing an acknowledgment of service;

(ii) filing an admission; or

(iii) filing a defence.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

easy

Assuming that the couple bought the house (and presumably have a mortgage) in joint names,  somebody must know where the bloke is,  otherwise the house can't be sold -  he's going to need to sign paperwork.

I suspect this young woman may be giving you the run-around.  If the debt is substantial go and see a solicitor,  and ask his advice  (maybe you and the other tradesman can go together to half the cost of the initial meeting?) .  At the very least get a solicitor's or debt collector's letter to the house owners  (it can be addressed to them both at the address you have).


 

youth_leader

You could download the Title deeds from land registry to see who is listed as the owner?

user1977

canaldumidi said:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Think you've overlooked that both parties are in Scotland.

ProDave

The debt is only £600 so you can see why I am not going to spend much on chasing it.  Which i would have thought makes it more likely they would just settle out of the procedes without argument.

Another thought, the woman claims she has no money (bloke has cut her off ans she has no job) but is in contact with him through a solicitor.  Would that solicitor be the best plaice to stake my claim? but I don't know who that solicitor is?

So letter before action to the woman suggesting if she cannot pay send it to her solicitor to chase the debt from the bloke?

SuseOrm

If you go down the small claims court roots and you get a CCJ against them you are then able to go to the High Court to freeze their bank accounts to pay you,  I can’t remember the favourite terminology but because he has already paid you once already you have his account details but you must get the CCJ first. 

canaldumidi

ProDave said:

The debt is only £600 so you can see why I am not going to spend much on chasing it.  Which i would have thought makes it more likely they would just settle out of the procedes without argument.

Another thought, the woman claims she has no money (bloke has cut her off ans she has no job) but is in contact with him through a solicitor.  Would that solicitor be the best plaice to stake my claim? but I don't know who that solicitor is?

So letter before action to the woman suggesting if she cannot pay send it to her solicitor to chase the debt from the bloke?

It's not that costly to take legal action, and you caim the costs back. Sue them jointly.