CCJ - Charging order question

StanleysMama · 3 December 2019 at 2:48PM

First time poster, not split out in the suggested format due to being quite far along in process. Happy to revise format if this is needed.

Our builder has left us halfway through the job, we have paid in full (stupid I know...we trusted him as he completed work on our previous house). We have dealt with him as a sole trader (even though he also has a limited company).

We made a claim against him via MoneyClaim online, capped it just under £10k to do without legal representation (can’t afford it) and for speed - even though the total to complete the job will be more like £20k.

No defence made by him (deadline was yesterday and as we only claimed for materials that he should have provided there is nothing to dispute eg windows, underfloor heating – not for any labour costs to complete the work). Waiting for judgement to be confirmed.

He has told us he is bankrupt but when we have looked into it, he isn’t actually (but is on the verge of it).

We want to put a charge on his property as soon as judgment is confirmed but I’m conscious it says it takes 6-8 weeks. An offer was accepted on his property mid-October. He told us they are a cash buyer. The builder and his wife are divorcing and both moving back in with parents, so no chain there either.

Hoping their divorce might slow things down. His wife said she was hoping to move before Christmas but is unsure if this will happen as it is in solicitors’ hands (I contacted her to ask).

Just after any advice in terms of making it go through quickly?

Also, I have the N379 form almost completed electronically, can I sign this electronically by just typing my name in?

Builder has made no attempt to pay us back or help our situation: no bathroom or kitchen in the property, currently moving between family with our 2 year old son. We are unable to complete the work without this money, have maxed out credit cards / money loan etc.

Many thanks in advance for any advice 😊

da_rule · 3 December 2019 at 10:37PM

The document should ideally be signed.

You also need to wait 14 days before commencing any enforcement action, as you have to allow time for the order to be served on the defendant and give them time to pay.

There isn’t any way of speeding the application up.

peachyprice · 4 December 2019 at 9:26AM

Unfortunately for you his divorce proceedings will have to bearing on the house sale if both parties are willing participants.

StanleysMama · 4 December 2019 at 2:15PM

Thank you.
I have realised it needs to be posted rather than sent online - I was hoping by doing everything online it would speed it up.
Do you think that it would not even be considered in these circumstances if I were to send it sooner than the 14 days? Just think he will give the money to his parents (he said he owes them money) and I won't get paid anything back

Also considering 3rd party debt order - any idea on timescale for this?
again, any help much appreciated.

steampowered · 4 December 2019 at 11:10PM

You don't have to wait 14 days. The 14 day period is from the "letter before action" before you start court proceedings, not between the CCJ and enforcement.

You can apply for enforcement immediately, so get your N379 in as quickly as possible.

Furthermore, the application for an interim charging order (N379) does not get served on the debtor. The debtor only finds out about it if the interim charging order is granted. The debtor then has an opportunity to pay the debt or contest the order before it becomes a 'final' charging order.

steampowered · 4 December 2019 at 11:11PM

StanleysMama wrote: »

Also considering 3rd party debt order - any idea on timescale for this?

Against whom would you get a third party debt order? Do you have the debtor's bank details?

Unless you luck out by finding a bank account with £10k sitting in it, it sounds like a charging order is more likely to be successful in this case.

StanleysMama · 4 December 2019 at 11:22PM

Yes I have his bank details as we transferred all payments to him online.

Although I assume he has no money at the moment, I was thinking if the charging order is going to be too slow, then the money from the house sale will be split between him and his wife, therefore it’s quite likely there will be a large sum in there albeit for a short amount of time....

Clutching at straws I know!

Can’t seem to find out if I could pursue both at the same time (charging order and 3rd party debt order)?

StanleysMama · 5 December 2019 at 12:20AM

Just seen this reply!
Good news. I thought I had it ready to go but realised I need “official copy of land register”, I just had an electronic extract which I thought was sufficient (title number, joint ownership etc)...think I now need to complete an OC1 or OC2 to get official copy but going to call CAB or MC as I’m unsure which.

steampowered · 5 December 2019 at 7:19PM

It normally takes a few weeks to get an interim charging order - much more quickly than it would normally take to sell a house.

This link explains how to request official copies from the land registry. https://www.gov.uk/get-information-about-property-and-land/search-the-register.

You could try the CAB but I don't think they would be much help on a case like this, they normally help debtors rather than creditors.

You could consider asking a debt collection firm or a solicitor to help you with the interim charging order if you want to be sure you've done it right (you would of course have to pay for that).

steampowered · 5 December 2019 at 7:20PM

StanleysMama wrote: »

Although I assume he has no money at the moment, I was thinking if the charging order is going to be too slow, then the money from the house sale will be split between him and his wife, therefore it’s quite likely there will be a large sum in there albeit for a short amount of time....

This won't work I'm afraid. When the third party debt order is granted, the account will be frozen - so you'd only get the money in it on that date.

If you got the third party debt order before the house sale proceeds came in, the debtor couldn't pay into that account anymore, so they'd just open a new account.

Can’t seem to find out if I could pursue both at the same time (charging order and 3rd party debt order)?

Yes you can pursue more than one method of enforcement if you wish.

The other option is HCEOs.

StanleysMama · 18 December 2019 at 6:59PM

I am just about to post the request for charge on land...I have put his wife (soon-to-be ex) on there as an interested party as she is joint owner but think i am also meant to put the mortgage provider on there? The official title states a provider was registered in 2006, so i thought it may be out of date? But i cant find the answer on the internet and dont want to pay a soliciotor just for this answer?

so i either do not include a mortgage provider as an interetsed party to be served (assuming they would not dispute anyway as they would get paid before me anyway) or incude the one listed from 2006....

again any help GREATLY appreciated.

CCJ - Charging order question

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