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ivorylounge
ivorylounge,
Category: Law
Satisfied Customers: 33136
Experience:  Barrister at Self Employed Barrister
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There, Thanks so much me the opportunity

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Hello there,
Thanks so much for giving me the opportunity to ask for 2nd oppinion.
Ive obtain a Judgement by Default against a debtor who took the monies for me, for mortgage purposes, so he never refund me back
The issue is really this person, has assets using a different Surname to the one on my Court order. I do have evidence and witnesses he is the same person using a different Surname
Actually, found another 3 people being in my situation(frauded) by same person
So wonder what your advice is, to enforce my Court Order
Thank you so much in advance
Does the defendant have assets in his own right?
Customer: replied 2 years ago.

From the option Ive got to enforce the order looking to the owed debt I was adviced I should proceed with the execution of one of his proprieties. I verified him(as I've got some common coonections). He has 3 properties, using a different Surname to the current one in his Passport. Altough , he is in the process of selling one of them, as another high creditors (Lenders, HMRC, etc) asked for the execution of his goods. So the person who rented from the defendant in the past 15 yrs, can confirm of signing an tenant agreement with this person(wich has one Surname in the pasport and different Surname as a lanlord of the mentioned property.

Thank you

You would have to bring to the court attention the change of name pursuant to part 17 of the CPR. The key will be evidence. Happy to discuss.
Customer: replied 2 years ago.

So would it be an update to my Court order, or I need to start a new case, or maybe to make a reprezentation in Court for him to prove his identity?

He may say, are not his properties, as he uses only 1 name(the one in passport;(one property is rented by my exmanager-his partner, and the one wich is requested to be executed-lives some friends) ; looking to the interent, company's check, are lots of connections between his both names, and my Manager's name;

Would it be relevant these informations in the Court?

thanks

If you have the evidence then you would be seeking to amend the judgment t use his alias names. The key for the court will be your evidence. Happy to discuss. Please rate positive
If you have the evidence then you would be seeking to amend the judgment t use his alias names. The key for the court will be your evidence. Happy to discuss. Please rate positive
ivorylounge and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

The defendant does no recognise he is known with another Surname. Would not be this a fraud from his side.

Also if I wanna add extra costs (moral demages...etc, wich were not intended initially to be added); it's been 1 year and half since the debtor is makeing 1000 of excuses of not beeing able to pay; however he is proud to mention of beeing able to be aproved of getting mortgages of people(he is geting interest of 1-2% ); so that not acceptable from him to not be able to pay me off

So would it be possible to add extra costs or I need to start a new case?

Thank you so much Thomas