Hello Everyone, thanks for being out there!

[leighdelamere]

I'm new to this but out of my depth now with legal procedures, so need some help please

[charitynjw]

Re: Hello Everyone, thanks for being out there!

Hi leighdelamere, & welcome to Legal Beagles.

Post away whenever you're ready!

[leighdelamere]

Re: Hello Everyone, thanks for being out there!

I have got as far as being granted a final charging order against a debtor who is a sole trader (trading with his wife's help though so not exactly "sole" although it is always just one party who signs the court papers, not the wife) .. who has been holding onto my money paid as a deposit a year ago now. Having gone through the Court process, I got a CCJ against the firm as the named defendant and was awarded an additional amount because of the firm's breach of contract. I am now owed just over £1,500 and have had to take equity from my mortgage to keep my account in credit. The final charging order is in the name of the firm as defendant, but the charged property's owners are the husband and wife who are behind the firm. I'm confused about how to show the land registry the connection between the firm and the property owners for a start when I apply to register. Then when I've managed to resolve that problem, I'd like to apply for an order for sale. I know (and hope) it's not likely to be granted but having previously written a personal letter asking the debtor to please just pay what is owed to avoid this step and because he's been claiming at various times over several months he can afford to pay anything from £50 to £400 per month but doesn't ever actually pay anything nor respond in any way, just ignores my requests and court orders to pay, I feel I have no option. Grateful for your advice. Thank you.

[charitynjw]

Re: Hello Everyone, thanks for being out there!

Do they have any removable assets?

[wales01man]

Re: Hello Everyone, thanks for being out there!

As a sole trader his wife may work for him otherwise its a legitimate partnership take it it not a LTD company?

[leighdelamere]

Re: Hello Everyone, thanks for being out there!

He claims not to have sufficient assets for a bailiff, he has also previously claimed a £30 debit in his bank account..

Thank you to Walesman01 ... definitely not a limited company, he says he is not even a "firm" in fact ... but he has a website with the same name as the company I claimed against.

I've also realised that the charging order specifically says " the interest of the judgment debtor "defendant name" in the asset described below stand charged with payment of ... " . I am guessing if he stops trading in this name, then there is no further interest of the trading business to be had .. so it may be completely without value anyway?

Thank you both ...

[charitynjw]

Re: Hello Everyone, thanks for being out there!

Any assets? (Vehicles, moveable goods, etc)

[leighdelamere]

Re: Hello Everyone, thanks for being out there!

He has not declared any costs for running a vehicle in his declaration, he is a stonemason so he may have blocks of stone or finished goods in the workshop some times.

[bluebottle]

Re: Hello Everyone, thanks for being out there!

Have you spoken to the court about an Oral Hearing? This would require the defendant to attend a hearing with you and the Chief Clerk at the court and at which they MUST disclose all assets, savings, shares, etc., as well as income and outgoings. It is from this Oral Hearing that you can determine whether matey is stringing you along or is genuinely cash poor.

If matey fails to attend an Oral Hearing, it will be adjourned to a later date. If matey then fails to attend the adjourned hearing, he will be in contempt. If that were to happen, you would be entitled to apply for a Committal Order to have him arrested and brought before the court to purge his contempt or face up to six months in prison. Giving false information at an Oral Hearing, including concealing assets, etc., is tantamount to perjury and the Chief Clerk of the Court should warn him of this before the hearing gets under way.

The final decision is yours, but this may give you something to consider as a way of closing the book on this case. You never know, the prospect of having his finances examined by a court may give matey the incentive to pay up what he owes you.

[teaboy2]

Re: Hello Everyone, thanks for being out there!

He claims not to have sufficient assets for a bailiff, he has also previously claimed a £30 debit in his bank account..

Thank you to Walesman01 ... definitely not a limited company, he says he is not even a "firm" in fact ... but he has a website with the same name as the company I claimed against.

I've also realised that the charging order specifically says " the interest of the judgment debtor "defendant name" in the asset described below stand charged with payment of ... " . I am guessing if he stops trading in this name, then there is no further interest of the trading business to be had .. so it may be completely without value anyway?

Thank you both ...

The name of the firm on the website will be nothing more than a trading name that the sole trader trades as. Its not a legal entity in its own right, therefore a trading name can not own property - So not sure how you got charge against the trading name (Its not a firm by the way, just a sole trader trading as the trading name). You need to go after property that is in the sole traders name - If they own property under their trading name, then you need to report this to the Land Registry, pointing out that Property owner is merely a trading name of a sole trader called Mr X, and provide them with copies of documents you have that prove this. Though i suggest you research the sole trader first and the trading name to make sure its not a limited company and director trading as Company x, using the trading name.

[leighdelamere]

Re: Hello Everyone, thanks for being out there!

Thank you v much to both bluebottle & teaboy2. If I try to register the charge in the trading name, it's probable that I won't get anywhere with that anyway then? The property I have a charge over is the property of the actual people behind the trading name.. and I can show this from documents etc. but the entire case / CCJ etc was in the trading name. Was that my mistake from the outset?

If the charge shouldn't have been granted in the first place, do I have any recourse with the court for their mistake especially as it's cost me hours of time and over £100 to go down this route..losing hope of getting any justice now

[leighdelamere]

Re: Hello Everyone, thanks for being out there!

Can anyone give me advice on whether I need to apply to the Court to vary the order so that it shows the name of the person / people rather than just the trading name please even though the case has been against the trading name as defendant? And / or whether it's even worth registering an interest in the trading name with the Land Registry? Thanks..

[charitynjw]

Re: Hello Everyone, thanks for being out there!

I would contact the court & be advised by them.