Court orders vs Bankruptcy

[atticus]

my suggestion is to discuss this with your solicitor, listen to his or her advice, and work out a plan.

But take care with charging orders: https://legalbeagles.info/forums/for...-k-restriction

[PallasAthena]

Only you can decide and you need to take into account your own finnacial situation (which we don't know).

Timing is important as well. 40% now -vs- 100% through a charging order when the house is eventually sold. Which might be when? 10, 20, 30 years time? And apologies for being slightly morbid (I don't know your age) but you might die before they sell the house. A bird in the hand and all that.

Making him bankrupt might be satisfying but it's a bit a punt on whether he really has assets elsewhere that can be found. If what he's saying is true where's he getting the £52,000 (40% 0f £130k) from if he supposedly has no other assets? Maybe there's mileage in pushing him on that and get him to increase the 40% to ?60%

Good luck.

[DCASTLE]

Sorry, can I get a second opinion please?

My solicitor says it's no point to do charging order. The order takes 6-9 months to be issued. If the claimant goes bankruptcy before the charging order is issued, the order will become invalid.

My solicitor suggests to make the claimant bankrupt.

[DCASTLE]

Hello all

Sorry to write again, I am after some more advice about my case please.

The guy who took me to court then lost the case has now made himself bankrupt. I contacted the Insolvency Service office and they sent me a creditor form to fill it. Within the creditor form, there is a section/field talking about 'interest'.

Please tell me, can I demand interest on the money that I am owed. If so, what rate should I use and how can I calculate the interest here please?

Many thanks!