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  • FIRST POST
    • mimi1234
    • By mimi1234 11th Aug 18, 9:00 PM
    • 7,381Posts
    • 64,993Thanks
    mimi1234
    Unpaid Debts
    • #1
    • 11th Aug 18, 9:00 PM
    Unpaid Debts 11th Aug 18 at 9:00 PM
    Following on from my thread from a year or two ago, I want to run something past the folks of MSE:
    https://forums.moneysavingexpert.com/showthread.php?t=5591344

    So I tried to get a charging order on the house, but it's not in his name - his wife and oldest child's name is on the deeds. He has since "moved out" of that address and in with another woman. I know the name of the street he now lives in but am struggling to get the exact address. I can't find him on the electoral register - the address it shows is the old address. I've tried to track him down but his car is parked outside different houses each time and sometimes in different streets.

    I've got his fancy sports car registration and I even snapped him getting in and out of it. It is on finance unfortunately.

    He has not been making the payments which he said he would. I'm getting roughly 100 every 3 months instead of every month.

    I've been to see a solicitor since which cost me a fair bit and was given 3 options:

    1) Another HCEO - but the solicitor said if the first one had problems, it might not be worth it.

    2) A third party debt order - I'm not sure how I would find out where he banks, so would this be a case of applying to every single bank going? I know he mentioned Barclays on the income and expenditure form so maybe give them a whirl (I spoke to someone in an HCEO office and they said the figures and details on the income and expenditure could all be made up and it's not actually checked)? Does anyone know how it works? Say if he has 10K in an account, do I just swoop in and take it or is it another long process? Also, if it costs say 200 per bank I apply to, is that my money gone or can I add it to the debt?

    3) Making him bankrupt - he currently has 3 companies in his name, I've had this checked on companies house. Company one is in the red (how I am not too sure as it is very successful). Company two is in the red. Company three is approx +250K but it is a company limited by a guarantee. The solicitor did say he might be putting the money directly from one of the companies in the red to the other company but couldn't say for certain because he couldn't look at the detailed profit and loss account on the companies house website.

    Which one would be my best option? Has anyone had any experience of these? The solicitor told me I can do all of these myself and wrote down all the form references for me. He said he could do them for me but it would cost me a lot of money.

    It's a lot of money he owes and the fact he parades around without a care in the world is really winding me up. Can someone please give me some advice.......
Page 1
    • steampowered
    • By steampowered 11th Aug 18, 9:53 PM
    • 2,733 Posts
    • 2,658 Thanks
    steampowered
    • #2
    • 11th Aug 18, 9:53 PM
    • #2
    • 11th Aug 18, 9:53 PM
    As you've already established that he is not being cooperative with HCEOs and that his car is on finance, HCEO might not be the best route.

    You can get lucky with third party debt orders sometimes. If you choose the bank correctly, first the account would be frozen. Then you would have to go to a court hearing to determine what happens with the cash - if this person needs those funds to live and has lots of other debts the judge might not agree to release all of it to you.

    Also, I gather from the other thread that this person seems to be up to his eyeballs in debt - I could be wrong but it sounds unlikely that he will have a lot of cash just sitting in a current account.

    Bankruptcy sounds like it would cause him a lot of problems but it ain't cheap. The court fee for bankruptcy is 280 and you have to deposit 990 to cover the official receiver's costs (you usually get these back eventually).
    • mimi1234
    • By mimi1234 12th Aug 18, 12:47 PM
    • 7,381 Posts
    • 64,993 Thanks
    mimi1234
    • #3
    • 12th Aug 18, 12:47 PM
    • #3
    • 12th Aug 18, 12:47 PM
    As you've already established that he is not being cooperative with HCEOs and that his car is on finance, HCEO might not be the best route.

    You can get lucky with third party debt orders sometimes. If you choose the bank correctly, first the account would be frozen. Then you would have to go to a court hearing to determine what happens with the cash - if this person needs those funds to live and has lots of other debts the judge might not agree to release all of it to you.

    Also, I gather from the other thread that this person seems to be up to his eyeballs in debt - I could be wrong but it sounds unlikely that he will have a lot of cash just sitting in a current account.

    Bankruptcy sounds like it would cause him a lot of problems but it ain't cheap. The court fee for bankruptcy is 280 and you have to deposit 990 to cover the official receiver's costs (you usually get these back eventually).
    Originally posted by steampowered
    Thanks so much for the advice.

    There is someone I work with who lives next to his Mom. I know the income and expenditure states he has a lot of debt but he goes on regular holidays with his family numerous times a year.

    I've been told to serve a statutory demand which might put the frighteners on him but yeah, like you said, the bankruptcy would probably be my best option.

    This guy is sneaky and I wouldn't be surprised if all his savings and money are in his brother/sister/children's account.

    Thanks again for your assistance and advice.
    • steampowered
    • By steampowered 12th Aug 18, 1:35 PM
    • 2,733 Posts
    • 2,658 Thanks
    steampowered
    • #4
    • 12th Aug 18, 1:35 PM
    • #4
    • 12th Aug 18, 1:35 PM
    A statutory demand could be effective if coupled with a demand for higher payments.

    For example, you could send it with a covering letter saying that you require 1,000 a month (rather than a pitiful 100 a month) or you will proceed to make him bankrupt.
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