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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A well known and well respected property dealer regularly contacted property people asking

Resolved Question:

A well known and well respected property dealer regularly contacted property people asking them for short term loan finance. In return he would pay a high interest rate. I loaned him £10,000 on an unsecured basis signed and witnessed as a deed. There was to be 6 montly interest payments of £400 per month on a £10,000 loan.The first 5 monthly payments have arrived but the 6th and the capital sum have not been repaid. These were due on the 1st April 2015 ie beginning of this month. I have since discovered to my shock other lenders are complaining about this same character whom they also have leant money to and who are having difficulty in being repaid.I would like to move fast and try and regain the loan. Do you recommend the summary judgement route coupled with immediate bailiff action. The loan is in his personal name but the loan address is his office one in Gillingham Kent. I believe I have valid reason for summary judgement as the debtor has no reason or excuse not to abide by his a
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Have you issued proceedings yet please?
Customer: replied 1 year ago.

I have not started proceedings yet as the normal route of waiting 6 weeks for a county court hearing is too slow. I want advice on using summary judgement coupled with an order to send in the bailiffs to his shop to try and flush him out.

Expert:  Ash replied 1 year ago.
OK, you can't get summary Judgment without issuing proceedings.
When you issue proceedings, if he does not file a defence you get Judgment by default then send in bailiffs.
If a defence is filed then you apply to the Court for summary Judgment and if granted send in bailiffs.
But the whole process must be started by issuing a claim in the County Court.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

For the sake of clarification. I have a written loan agreement stating very clearly the obligations of the borrower. The borrower has broken his obligations by not repaying the loan on the specified date. The loan is now 1 month overdue. In this situation the borrower has no defence. The loan has to be repaid on the 1st April.

Where the defendant has no defence there is no need for a hearing because it is a black and white case. If the judge receives a detailed explanation of the case together with a statement of truth from the lender is there a proceedure where a summary judgement can be issued straight away?

Expert:  Ash replied 1 year ago.
Sadly not. The process is a claim is made, if a defence is not filed then you enter judgment, or if a defence is filed then you can apply for summary judgment.
I am sorry.
Alex
Customer: replied 1 year ago.

Hi

I have just heard there are several other people who are owed money by this same person. As a result there is a bankruptcy petition to be heard against him in Medway County Court this coming Tuesday 5th May. I have attached myself as one of the creditors to the petition. Is there any way I could get a fast county court judgement before this so I could send in the baillifs to try and recover something.

Cheers

Expert:  Ash replied 1 year ago.
If he does not defend it then that is fast. But if he defends it sadly you are at the mercy of court listing and getting a slot at your local County Court.
Alex
Customer: replied 1 year ago.

Are you saying there is no quicker method available than issueing a county court claim in the normal way and then having to wait the 14 days to see if the defendant informs us of his intention to defend or not? Obviously if he does not defend I can obtain judgement by default.

My point is if it can be shown from the outset there is no defence available to the defendant because there is a time based loan and the defendant is out of time. That is all there is to it. In this case where a judge can read the loan agreement to satisfy there cannot be a defence then there is no need for a hearing. So cannot the process go straight to summary judgement?

Expert:  Ash replied 1 year ago.
Yes I am sadly saying there is no quicker method other than by issuing County Court proceedings.
Yes you have to wait 14 days for him to defend the claim. If he files a defence then you MUST make an application for summary Judgment. So no, it wont automatically go to summary Judgment you MUST make and application and then there WILL be a hearing to decide that application for SJ.
The process can NOT go straight to SJ
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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