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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi If a Defendant claims they can't pay, but you know that

Resolved Question:

Hi
If a Defendant claims they can't pay, but you know that they have more than enough funds, can a County Court request to see all their Finances please?
We are the Claimant in a case that has been settled by an agreed Tomlin Order, however, at the last hurdle the Defendant claims they can't pay the Contractor for works agreed in the Schedule.
They have sold their property for a substantial amount of monies around £400k. And the Schedule states that the Defendant have to pay/rectify the necessary works whether they are in ownership or not.
We are now in the process of going back to Court and the Contractor has stated he will remove the working system that is in place if payment is not been made. We have agreed that the Contractor may enter our property to do this.
Thank you.
Tracey
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you know where they are keeping their money/assets please?

Customer:

Hi

Customer:

Yes, they have just been paid around £400k from a property company and they've advised that the bank account it's been paid into is the 'wrong one' we have emails confirming this and with them moving abroad (France) they claim there are uncertainties with the Euro/Exchange Rate! Also, they have contact a debt bureau in their attempts to pay as little as possible to the Contractor. However, the Contractor has advised that they will remove the system if payment if not made. The Contractor will be breaking no laws as we have given them permission to enter our property. We do not want the upset of problems with the Contractor. If the Contractor removes the current working system the Defendant will not have then carried out their duties in regards ***** ***** Tomlin Order, it is our intention to take them back to Court because of this.

Alex Watts :

What you can do is get an order requiring information

Alex Watts :

They have to go to Court and produce evidence of their finances, including bank accounts etc

Alex Watts :

The cost of this is £100

Alex Watts :

For more information please see:

Alex Watts :

https://www.moneyclaimsuk.co.uk/PDFForms/EX324.pdf

Alex Watts :

They are called into Court and need to detail their finances with evidence

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No this is great, thank you for your assistance.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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