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Hi to you all I'm a newbie to LegalBeagles
Just a quick run down on my situation. In 2010 I won a judgement against a defendant for a money claim that I had against them even though as the Judge has written it ,upon the claimant today informing the Court that the defendant was adjudicated bankrupt on xx September 2009 , part of the claim was , quote : the balance of the claim for £ xx,xxx.xx plus interest be stayed pursuant to S.285 Insolvency Act 1986 .
Subsequently in Nov 2015 I took this back to court and made my judgement a full charge on his property ,he has now lost the house and a solicitor is dealing with the charge/restriction and I have been paid the first part of the judgement (👍
so far so good .
The next part is when I need some help and advice . The solicitor is asking me to write a letter stating I have been paid in full for my claim number and to lift the restriction on the property , I have no problem with the latter ,but I have not had full payment from my claim . The solicitor said that if the defendant was bankrupt all other actions of debt are taken care of . I don't believe this is the case as this is what S.285 I.A is for and the Judge knew the defendant was bankrupt at the time of the judgement.
What is my best method to get my money ?
Now my defendant is out of any bankruptcy restriction , is the stayed amount now enforceable?
Is it easy to apply to court to make the judgement enforceable again ?
Can I apply for judgement summons ?
Am I doing anything wrong by not penning a letter to lift the restriction? I would imagine this is so monies can be released to the defendant .
I am sorry this is a lot to take in but I am feeling pressured by the solicitor to sign away my rightful claim .
Thanks in advance Owedalot
Just a quick run down on my situation. In 2010 I won a judgement against a defendant for a money claim that I had against them even though as the Judge has written it ,upon the claimant today informing the Court that the defendant was adjudicated bankrupt on xx September 2009 , part of the claim was , quote : the balance of the claim for £ xx,xxx.xx plus interest be stayed pursuant to S.285 Insolvency Act 1986 .
Subsequently in Nov 2015 I took this back to court and made my judgement a full charge on his property ,he has now lost the house and a solicitor is dealing with the charge/restriction and I have been paid the first part of the judgement (👍
so far so good . The next part is when I need some help and advice . The solicitor is asking me to write a letter stating I have been paid in full for my claim number and to lift the restriction on the property , I have no problem with the latter ,but I have not had full payment from my claim . The solicitor said that if the defendant was bankrupt all other actions of debt are taken care of . I don't believe this is the case as this is what S.285 I.A is for and the Judge knew the defendant was bankrupt at the time of the judgement.
What is my best method to get my money ?
Now my defendant is out of any bankruptcy restriction , is the stayed amount now enforceable?
Is it easy to apply to court to make the judgement enforceable again ?
Can I apply for judgement summons ?
Am I doing anything wrong by not penning a letter to lift the restriction? I would imagine this is so monies can be released to the defendant .
I am sorry this is a lot to take in but I am feeling pressured by the solicitor to sign away my rightful claim .
Thanks in advance Owedalot
