Sir/Madam, I am writing for advice on the following: I recently won a case by judgement with a corresponding consent order to be paid back $85,000.00 eastern caribbean dollars from a rescinded contract. The vendor's solicitor agreed on the vendor's behalf to pay me back, but despite several requests by my solicitor the vendor has not paid or responded. My solicitor therefore wants me to proceed with seizure and sale by auction. There is no need for a surveyor, so they advise me to have someone start the bid to ensure a starting price of $85K. I do not have anyone reliable who is able to do so. The property has deteriorated and in my solicitor's words is not habitable (as she had been down to visit it and found it had decreased in value). My questions therefore are: (a) Am I able to start the bid myself at the judgement debt owed? (b) If no one else bids, would I be able to have title transfered over to me so that the property is mine? (I would have to refurbish of course and use it to make my money back). (c) What are my options on the whole?
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Is this a UK law question please?
Hello Alex. Thank you for your reply contents of which have been read and understood. Yes, it is a UK Law question. The matter took place in the caribbean, but the island operates on the UK system of law.
A) You can bid at whatever price you like, it does not need to be for the Judgment debt it could be less
B) Yes you would be able to
Can I clarify anything for you about this today please?
Thank you Ma'am. Yes please, if you could, help me understand the likely duration of the process of applying to the court for a writ to carry out such a seizure for auction sale. Grateful for your service.
In the UK it could take a few weeks
Does that help>
Yes Ma'am. Thank you very much.