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  • FIRST POST
    • StanleysMama
    • By StanleysMama 3rd Dec 19, 1:48 PM
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    StanleysMama
    CCJ - Charging order question
    • #1
    • 3rd Dec 19, 1:48 PM
    CCJ - Charging order question 3rd Dec 19 at 1:48 PM
    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 (canít 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 Ė 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 isnít actually (but is on the verge of it).

    We want to put a charge on his property as soon as judgment is confirmed but Iím 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 solicitorsí 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 😊
Page 1
    • da_rule
    • By da_rule 3rd Dec 19, 9:37 PM
    • 3,571 Posts
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    da_rule
    • #2
    • 3rd Dec 19, 9:37 PM
    • #2
    • 3rd Dec 19, 9:37 PM
    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
    • By peachyprice 4th Dec 19, 8:26 AM
    • 20,444 Posts
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    peachyprice
    • #3
    • 4th Dec 19, 8:26 AM
    • #3
    • 4th Dec 19, 8:26 AM
    Unfortunately for you his divorce proceedings will have to bearing on the house sale if both parties are willing participants.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • StanleysMama
    • By StanleysMama 4th Dec 19, 1:15 PM
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    StanleysMama
    • #4
    • 4th Dec 19, 1:15 PM
    • #4
    • 4th Dec 19, 1:15 PM
    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.
    Last edited by StanleysMama; 04-12-2019 at 6:25 PM. Reason: added comment
    • steampowered
    • By steampowered 4th Dec 19, 10:10 PM
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    steampowered
    • #5
    • 4th Dec 19, 10:10 PM
    • #5
    • 4th Dec 19, 10:10 PM
    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
    • By steampowered 4th Dec 19, 10:11 PM
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    steampowered
    • #6
    • 4th Dec 19, 10:11 PM
    • #6
    • 4th Dec 19, 10:11 PM
    Also considering 3rd party debt order - any idea on timescale for this?
    Originally posted by StanleysMama
    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
    • By StanleysMama 4th Dec 19, 10:22 PM
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    StanleysMama
    • #7
    • 4th Dec 19, 10:22 PM
    • #7
    • 4th Dec 19, 10:22 PM
    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 itís quite likely there will be a large sum in there albeit for a short amount of time....

    Clutching at straws I know!

    Canít seem to find out if I could pursue both at the same time (charging order and 3rd party debt order)?
    • StanleysMama
    • By StanleysMama 4th Dec 19, 11:20 PM
    • 4 Posts
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    StanleysMama
    • #8
    • 4th Dec 19, 11:20 PM
    • #8
    • 4th Dec 19, 11:20 PM
    Just seen this reply!
    Good news. I thought I had it ready to go but realised I need ďofficial copy of land registerĒ, 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 Iím unsure which.
    • steampowered
    • By steampowered 5th Dec 19, 6:19 PM
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    steampowered
    • #9
    • 5th Dec 19, 6:19 PM
    • #9
    • 5th Dec 19, 6:19 PM
    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
    • By steampowered 5th Dec 19, 6:20 PM
    • 3,749 Posts
    • 3,870 Thanks
    steampowered
    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 itís quite likely there will be a large sum in there albeit for a short amount of time....
    Originally posted by StanleysMama
    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.

    Canít 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.
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