# Any Legal advisers out there?



## robrace (Jun 30, 2005)

had a ringed Motorhome sold to me by a Dealer.After 3 years of hassle!2 ineffective Police Forces.Insurence Company who took 5mths to decide what they would do about the Vehicle(Sold it to us at "salvage"price.)7 County Court appearences!Eventually Dealer ordered to pay us purchase price.He has totally ignored all requests for payment.Now have charging order on property(jointly owned with wife)Told unoffically by Land Registery that charging order not fool proof.Told by Judge it is!Both not allowed to give Advice.One solicitor agrees with Land Registery One with Judge.Can I now still persue the debt possibly going for Bankruptcy or winding up order again'st his business.Asked Court but answer "not sure".Whole affair has left me with feeling that nobody will do their job properly..


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## cabby (May 14, 2005)

Where you should go is to the solvency service, they will advise you of what you can do and how to do it. take all paper work with you.
myself would make him bankrupt and put a charge on his share of the property and also on his business and give him 7 days to pay, then send baliffs in to seize goods. wont give you much money back i expect, but by golly it makes you feel better.

cabby


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## parigby (Jul 18, 2006)

The problem with making him Bankrupt, is unless you know you are the only creditor, you could find that dozens of others come out of the woodwork and you only end up with a few pence in the pound. 

As you have a Judgment, you could of course issue a Warrent of Execution and put the Bailiff in. Again though, this can be another course of action that is fraught with difficulties, especially,if he can legitimately claim that the majority of goods that can be levied against are not solely his (or don't belong to the company ) .... leases etc. 

You could always of course make an Application for an Order for Sale on the property on which you have the Charging Order. The fact it is jointly owned may very well become a complication, but the very issuance of the Application might be enough to make him think it's less trouble to pay you off.


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## thieawin (Jun 7, 2006)

You have become a secured creditor. You have, in effect, a mortgage over his share of his house, unless the wife was also trading and your judgment is against both.

To that extent you are secure and the judge is correct.

However he probably has a mortgage and a business loan. They will also be secured by a charge or mortgage, for all monies.

So you don't have to worry about un secured creditors, you now have priority

What you worry about is

value of the house

what he and wife owe bank ahead of you

value of his share in house

amount owed to you

In bankruptcy the property will get sold, his business will go. The bank debt may rocket but as you are secued creditors you only prove in the bankruptcy for any money not recovered out of the security and only compete with the other unsecured creditors for that.

You could apply for an order for sale now, that may be opposed by the wife. It may cause the bank to intervene. If he sells new motorhomes they will be subject to a charge in nfavour of the supplier until every last one is paid for in full. His second hand stock may be subject to a sort of HP with the bank

Do you know who he banks with?

Find out.

Get the bailiff to attend the bank every week to arrerst any funds, of course he may work on permanenet overdraft.

What about applying for an installment order. Issue a witness summons for him to attend and bring to the hearing all of his business books, bank statemenst, rent, mortgage deeds an loan information for 12 months. Then you can work out what he owns, and owes. Ask for 3 yeras p/l a/cs

Get copies made by the court at the first hearing and ask him

how much he earns , ie takes out monthly, what his living expenses are

ask for asset list

ask for debtor list

preferred tax, NI and VAT
unsecured ordinary creditors
secured charges on property

What is his stock worth, net of VAT

How much does he owe on stock, to suppliers, to the bank. How is it secured?

The bailiff also has powers to conduct a similar type of examination in public, ask him.


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## 96266 (Sep 12, 2005)

I feel for you, you've clearly been wronged but unfortunately you'll get, in my professional experience, little financial satisfaction from the insolvency process. 

The problem is that there are a large number of Preferential Creditors who are ahead of you, once these have been satisfied (in full) there is often very little left. These include: 

1 - The state. Any outstanding taxes, VAT, NI PAYE for any employee's. 

2 - Settlement of the Receivers Costs (can be considerable). 

3 - Those with a Fixed charge over specific property - mortgage on house, business property etc. Many bank loans/facilities for small businesses also have a fixed charge AND a floating charge over any remaining assets. 

4 - Those with Floating charges over classes of assets (ie stock, wip etc). 

5 - Then come the unsecured creditors. 

Even if you have been promoted to the ranks of Secured Creditor - its actually based on age so all the banks etc and will be ahead of you. 

This, unfortunately, is why you hear of derisory settlements of mere pennies in the pound. 

Sorry.


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## passionwagon (Nov 13, 2005)

*Ringed Vehicle*

8O Look a at your home contents insurance. Most now include a benefit of paying you any unpaid court judements after 3 months. :wink:


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## olley (May 1, 2005)

Hi been here myself. About 15 years ago, builder owned me £10,000 for work done and couldn't pay, I went to court and had a charge put on his house, he then went bankrupt, the building society contacted me and offered £2000 for me to remove my charge, otherwise they would go to court and have it removed. Their charge was in front of mine so they could do this. And then I would get nothing, so I agreed. My solicitor then took £1500 in fees. :roll: 

Olley


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## robrace (Jun 30, 2005)

*thanks*

thanks for advice!did try and get order for him to attend court to explain his finances but it came back with comment from bailiffs.Unable to serve as informed no longer living address given!which we know to be a lie!It's not we think a case that he cannot pay but that he won't.He thinks we will give up and go away!We won't.Will wait now until we get full charging order registered and than make a descision as direction to go.Did take out COUNTY COURT again'st both the dealer and his wife but action again'st the wife dismissed!From the Land Registery we have been able to ascertain that apart from the Building Soc we are the only charge on the property.If he has a Bank Loan it doe'snt appear to be secured by a Charge.It has now become a matter of principle although the money would come in handy.We could do with upgrading the Camper!!!


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## olley (May 1, 2005)

hi I know a baliff who would get it served, but it will cost, maybe £2000.

He waited outside a house once for 24 hours, another time he served it through a toilet window. Pm if you want details.

Olley


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