long standing debt - restriction on debtor's property
long standing debt - restriction on debtor's property
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Blown2CV

Original Poster:

31,660 posts

233 months

Tuesday 21st August 2018
quotequote all
i won a small claims case against a crappy tradesman in 2014 and went through the rigmarole of enforcement. I found that he had a portfolio of properties which he rented out, despite pleading poverty (he is a retired company director doing odd jobs badly for money). He had been selling them off gradually, presumably to fund his retirement. I figured the best way to get the money would be to use this fact in my favour. Annoyingly, the properties are in joint names, so could not place charges; only restrictions. I've just checked the register, and the 3 properties i placed the restrictions upon are still owned by him and his wife. Is there nothing I can do to speed things along... just have to wait for one of these properties to be sold?

Simpo Two

92,807 posts

295 months

Tuesday 21st August 2018
quotequote all
Escalate to the High Court.

Blown2CV

Original Poster:

31,660 posts

233 months

Wednesday 22nd August 2018
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Simpo Two said:
Escalate to the High Court.
how do you mean sorry... to enforce the CCJ in a different way, or to progress the current enforcement route?

Simpo Two

92,807 posts

295 months

Wednesday 22nd August 2018
quotequote all
Blown2CV said:
Simpo Two said:
Escalate to the High Court.
how do you mean sorry... to enforce the CCJ in a different way, or to progress the current enforcement route?
The former. High Court is above the County Court and their bailiffs have much greater powers - see the TV programmes 'Can't Pay We'll Take it Away' etc. It really is just like that.

I can't recommend which company you use but a google finds https://thesheriffsoffice.com/services/support-cen...

If you think your debtor has the money but just squirrelled away, I'd use this route. You've come this far so don't give up now. Many 'professional debtors' rely on creditors giving up so they keep getting away with it. The costs are added to the debt. My debtor wasn't pleased at all when their car got carted off to auction!

Blown2CV

Original Poster:

31,660 posts

233 months

Wednesday 22nd August 2018
quotequote all
Simpo Two said:
Blown2CV said:
Simpo Two said:
Escalate to the High Court.
how do you mean sorry... to enforce the CCJ in a different way, or to progress the current enforcement route?
The former. High Court is above the County Court and their bailiffs have much greater powers - see the TV programmes 'Can't Pay We'll Take it Away' etc. It really is just like that.

I can't recommend which company you use but a google finds https://thesheriffsoffice.com/services/support-cen...

If you think your debtor has the money but just squirrelled away, I'd use this route. You've come this far so don't give up now. Many 'professional debtors' rely on creditors giving up so they keep getting away with it. The costs are added to the debt. My debtor wasn't pleased at all when their car got carted off to auction!
well i am not convinced he does have it relatively liquid to hand, as in could be seized. I had to go through the process of getting him to state his financial situation in detail, and it sounds like he doesn't have much other than these 3 rental properties. I think he knows he can't easily just sell them now, as i think he has other creditors in addition to me. I think the only chance i have of expediting it is really forcing the sale of one of the properties... however with a deeds restriction rather than a charge i am not sure it's possible.

hajaba123

1,338 posts

205 months

Wednesday 22nd August 2018
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How much is the debt?

Blown2CV

Original Poster:

31,660 posts

233 months

Wednesday 22nd August 2018
quotequote all
hajaba123 said:
How much is the debt?
£2500, or thereabouts.

Simpo Two

92,807 posts

295 months

Wednesday 22nd August 2018
quotequote all
You're too deep in the County Court options, which are crap and which he's probably evaded many times before. If he has a car with no finance, the HCE boys will take it for you. Hand over your £65 and let them do the fighting for you.

Blown2CV

Original Poster:

31,660 posts

233 months

Thursday 23rd August 2018
quotequote all
Could it almost be better to wait it out and take the 7% interest on the time it was outstanding for? Can I rely on the restriction to sort me out when he eventually is forced to sell or maybe even dies?