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Company in receivership owes a debt for trespass and nuisance...

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  • Isthisforreal99
    Isthisforreal99 Posts: 131 Forumite
    100 Posts Name Dropper
    The main asset I can find is the property attached to mine. Should I bother putting a charging order on that property? 
    More cost?

    Was it owned outright, or secured on a loan? 

    You are way down the queue.
  • Also, they keep suggesting that they are attempting to get the CCJ set aside. Will the enforcement of that CCJ force them to try to do this. As this means they would need to explain to a court why they not liable/at fault right?

    Again, thank you in advance for your replies. 
  • user1977
    user1977 Posts: 17,921 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    The main asset I can find is the property attached to mine. Should I bother putting a charging order on that property? 
    What charges are already on it?
  • Two charges from lending companies. 
  • user1977
    user1977 Posts: 17,921 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Two charges from lending companies. 
    Who will almost certainly take whatever is there.
  • lincroft1710
    lincroft1710 Posts: 18,940 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you ever heard the expression "chasing good money after bad"?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • MyRealNameToo
    MyRealNameToo Posts: 502 Forumite
    100 Posts Name Dropper
    Have you ever heard the expression "chasing good money after bad"?
    Nope, never heard that expression but clearly an alternative of the idiom of "throwing good money after bad"
  • ExEstateAgent
    ExEstateAgent Posts: 53 Forumite
    10 Posts
    edited 6 August at 10:04PM
    Thank you for your replies. 

    It turns out that the company were uninsured. Hence, why I started legal proceedings and now have CCJs against the owner of the property and the development company, which are basically the same people. I have now turned one of the CCjs into a High Court Writ to be enforced.

    You have a CCJ against an individual, and another CCJ against a company (that's in receivership)? 

    The CCJ's must be for two separate debts, what kind of sums are involved in each? Do you know where the individual lives and what assets they have? 

    A person and a company are not the same (even if that person owned 100% of the company). The exception is if they were trading as a sole trader. 
  • user1977
    user1977 Posts: 17,921 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Thank you for your replies. 

    It turns out that the company were uninsured. Hence, why I started legal proceedings and now have CCJs against the owner of the property and the development company, which are basically the same people. I have now turned one of the CCjs into a High Court Writ to be enforced.
    You have a CCJ against an individual, and another CCJ against a company (that's in receivership)? 

    The CCJ's must be for two separate debts, what kind of sums are involved in each? Do you know where the individual lives and what assets they have? 

    A person and a company are not the same (even if that person owned 100% of the company). The exception is if they were trading as a sole trader. 
    Not clear to me that "the owner of the property" is an individual.
  • ExEstateAgent
    ExEstateAgent Posts: 53 Forumite
    10 Posts
    user1977 said:
    Thank you for your replies. 

    It turns out that the company were uninsured. Hence, why I started legal proceedings and now have CCJs against the owner of the property and the development company, which are basically the same people. I have now turned one of the CCjs into a High Court Writ to be enforced.
    You have a CCJ against an individual, and another CCJ against a company (that's in receivership)? 

    The CCJ's must be for two separate debts, what kind of sums are involved in each? Do you know where the individual lives and what assets they have? 

    A person and a company are not the same (even if that person owned 100% of the company). The exception is if they were trading as a sole trader. 
    Not clear to me that "the owner of the property" is an individual.

    Nor me, hence the questions! 
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