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

Resolved Question:

FAO ALEX WATTS

 

Hello

 

Hello judgement has been made in the claimant’s favour (£13,907) and you answered some questions for me on potential ways forward to enforce this.  There are 2 defendants that I want to pursue to recover the debt, one an individual and the other a company.

 

The Company made me aware of a land asset that the Company holds which would on the information supplied cover the debt.  As such my strategy is to apply for a Charging Order on the land (EX 325) and with this ask the courts to fore the defendant to sell the asset in order to repay the debt.

 

In preparation for this and prior to EX325 in order to understand if the Defendant actually told me the truth regarding this land asset I think I need to apply to the courts for disclosure of finances / assets to both individual (N316) and Company (N316A).

 

The Defendants (the individual and the Company) are effectively the same person and the correspondence address as advised by the defendant(s) for communication through the court claim is a London address.  This I believe is a friend’s address of the defendant(s) and in fact the defendant(s) still spends and indeed rents accommodation in the North West. So when it comes to travel expenses that I understand the defendant(s) have the right to as part of N316 / N316A what is reasonable?  I presume due to the London address, it will be a court in the south that will deal with matters.  Will I end up (should the defendant(s) ask) paying for travel from the North to the South….. is that reasonable? 

 

Peter

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Peter thank you for requesting me.

Alex Watts :

Is the asset land?

Customer:

Yes it is

Alex Watts :

What is your question of me about this?

Customer:

Good point :-)

Customer:

With regards ***** ***** last para. I think the defendant resides in the North West, but he has chosen to use a London address.

Customer:

Does this mean that the court that will look after the N316 / N316A be in London?

Customer:

If so and he decides to claim travel expenses is it reasonable that he does so from the North West?

Customer:

Surely the court would be relatively near his place of residence?

Alex Watts :

But you are applying to charge land?

Alex Watts :

The court will keep it in the Court where the property is based.

Alex Watts :

Then he wont be able to claim expenses as its a valid Judgment and charge.

Alex Watts :

Your application would have succeeeded.

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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Customer:

The problem with the 'Land' is that I don't know anything about it. I am assuming that the registered owner is the defendant. This may or may not be the case. I will look at investigating through the Land Registry. However I was thinking of using forms N316 and N316A to first evaluate whether the defendant(s) have any assets which should mean that the 'Land' is declared if indeed it does exist.

Alex Watts :

Ok,

Alex Watts :

An order for questioning seems sensible.

Customer:

My question is with regards ***** ***** / N316A and the appointed court in relation to where the defendant resides

Alex Watts :

You will of course need a copy of the Title Deeds to establish ownership for the Court

Alex Watts :

It would be D's home Court

Alex Watts :

That is where questioning takes place.

Alex Watts :

You may have to pay conduct money, but that is it

Customer:

So if in the Claims documentation he has his point of communication as London, would this then be a London Court?

Alex Watts :

Probably Central London County Court. But the transfer will be automatic.

Alex Watts :

You send the forms to the court where you got Judgment.

Alex Watts :

They will deal with any transfer

Customer:

thanks for yoru prompt service

Customer:

Pete

Alex Watts :

Happy to help Pete

Alex Watts :

Please remember to rate as always!

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