FAO ALEX WATTS
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?
Hello Peter thank you for requesting me.
Is the asset land?
Yes it is
What is your question of me about this?
Good point :-)
With regards ***** ***** last para. I think the defendant resides in the North West, but he has chosen to use a London address.
Does this mean that the court that will look after the N316 / N316A be in London?
If so and he decides to claim travel expenses is it reasonable that he does so from the North West?
Surely the court would be relatively near his place of residence?
But you are applying to charge land?
The court will keep it in the Court where the property is based.
Then he wont be able to claim expenses as its a valid Judgment and charge.
Your application would have succeeeded.
Does that clarify?
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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.
An order for questioning seems sensible.
My question is with regards ***** ***** / N316A and the appointed court in relation to where the defendant resides
You will of course need a copy of the Title Deeds to establish ownership for the Court
It would be D's home Court
That is where questioning takes place.
You may have to pay conduct money, but that is it
So if in the Claims documentation he has his point of communication as London, would this then be a London Court?
Probably Central London County Court. But the transfer will be automatic.
You send the forms to the court where you got Judgment.
They will deal with any transfer
thanks for yoru prompt service
Happy to help Pete
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