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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have recently taken an individual to a small claims court.

Resolved Question:

I have recently taken an individual to a small claims court. I won the case, for just over £6000. The Defendants address is a rented property, but I do know that he and his wife own another property which is rented out. Can I recover the money via the property he owns with his wife. (I know for a fact that they are joint owners and I obtained the claim only via him as an individual). If not, what other avenues are open to me, to enforce the claim. Someone did mention to me that I can get a B10 Notice on he and his Wife's owned property. but I am plucking at straws.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is,Alex and I will help you.Do you know this second address for the property they own please?Alex
Customer: replied 10 months ago.
I do know their second address they own together
Expert:  Ash replied 10 months ago.
Ok. You need to apply for a charging order on the property.You fill out form n379http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n379-eng.pdfYou also need to get a land registry printout showing they own it which you can get from a local solicitor. Or you can get it online athttps://eservices.landregistry.gov.ukSend it to court with a cheque for £100 and you get an interim charging order.You can send this to the land registry and it secures the debt against property.Can I clairfy anything for you about this today please?Alex
Customer: replied 10 months ago.
What happens once I get a charging order over the property, and can this still be done even though he owns the property with his wife. Also can he stop the order. Also if I do get the order, what do I do next. Also to get a charging order, does there have to be a certain amount, or can it be any amount. Also, can his wife stop a charging order because it is not her debt.
Expert:  Ash replied 10 months ago.
Yes even if it's jointly owned you can get a charge. If you have a ccj then no it can't be stopped and there is no minimum amount.
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
What if the individual transfers ownership to his wife. Can I still get a charging order over the property.
Also, are there any other avenues open to me to recover my money.
Can I trace him via his email.
Expert:  Ash replied 10 months ago.
He can't do that so quickly. The court can reverse it.If it's over £5000 you can make it bankrupt but that will cost you around £1000 including the official receiver deposit.Go for a charging order.
Expert:  Ash replied 10 months ago.
Does that clarify.Alex
Customer: replied 10 months ago.
when you say that the court can reverse it, can you please clarify how this is done, and is this an easy process. Also, can you please explain the Bankrupt option in a bit more detail
Customer: replied 10 months ago.
Also, how long would it take him to have his name taken off the ownership deeds of this property
Expert:  Ash replied 10 months ago.
don't worry about getting it reversed. It hasn't been done. Just apply for a charging order. You can do this and register the charge before he even knows about it.
Expert:  Ash replied 10 months ago.
Does that clairfy?Alex
Customer: replied 10 months ago.
He is a very clever guy, and I must cover all bases. Does a Court always reverse it, and if so is that a standard thing. Is it more expensive and is it likely that they will do this ?
Expert:  Ash replied 10 months ago.
ok, he will not know about the charge until it's registered. Then it will be too late to transfer it to someone else.Unless you tell him he won't know it's done
Expert:  Ash replied 10 months ago.
Does that clairfy?Alex
Customer: replied 10 months ago.
I am still worried that he is doing it as we speak. What would be the scenario if he did get his property into his wife's name
Customer: replied 10 months ago.
I am still worried that he is doing it as we speak. What would be the scenario if he did get his property into his wafers name
Expert:  Ash replied 10 months ago.
have you checked the land registry to see whose name it is? If not that is what you need to do as I suggested yesterday.If he has not make the application to court.
Expert:  Ash replied 10 months ago.
Does that clairfy?Alex
Customer: replied 10 months ago.
I will check, but what if it is now his wife who is on the deeds
Expert:  Ash replied 10 months ago.
But you don't KNOW that. If so then you can make bankrupt.
Expert:  Ash replied 10 months ago.
Does that clairfy?Alex
Customer: replied 10 months ago.
I am having someone check this for me, I shall contact you tomorrow
Expert:  Ash replied 10 months ago.
Ok.,can I ask you to rate my answer in the meantime so the site pays me for my time. Thanks
Expert:  Ash replied 10 months ago.
Alex
Customer: replied 10 months ago.
He has transferred the property into his wife's name. Can I still get a charge over it
Expert:  Ash replied 10 months ago.
No, you now need to make him bankrupt.The procedure is here:https://www.gov.uk/apply-to-bankrupt-someone/overview
Expert:  Ash replied 10 months ago.
Can I clarify anything else?Alex
Customer: replied 10 months ago.
If I can make him Bankrupt, what does this mean for me. Will I be able to get him to sell the property which is now in the name of his wife. His address is just a rented property. If he has any other properties, how do I get the funds from them ? Can I also ask him for the fees for bankruptcy
Expert:  Ash replied 10 months ago.
The Court may order to sell the property. You can also ask for fees for bankruptcy.
Expert:  Ash replied 10 months ago.
Does that clarify? Alex
Customer: replied 10 months ago.
Does Bankruptcy only apply over £5000 ? What if he pays an amount which drops it below that figure. He is very crafty
Customer: replied 10 months ago.
as above
Expert:  Ash replied 10 months ago.
If it drops below £5k you cant make him bankrupt.
Expert:  Ash replied 10 months ago.
Can I clarify anything for you? Alex
Customer: replied 10 months ago.
I am sorry I have to labour this point, but what other options are available for me ?
Expert:  Ash replied 10 months ago.
You can1) get a charge on property 2) send in bailiffs3) attach to earnings 4) make bankrupt
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
Are these all seemingly if you know where the individual is, and if he owns anything at that property ?
Expert:  Ash replied 10 months ago.
Yes. If he does not own anything then all you have is a paper judgment, nothing more. That is the risk of litigation
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 10 months ago.
Are you saying that if the property is now in his Wife's name, I am stuffed ? Also, would it be easy for me to find out if he owned any other property ?
Expert:  Ash replied 10 months ago.
You cant find out if they own other property no. You cant get a charging order if its not in his name.
Expert:  Ash replied 10 months ago.
Can I clarify anything for you about this today please? Alex
Customer: replied 10 months ago.
Its just that earlier, you did say that the Court may be able to overturn it, if he had put the property in his wife's name, is that still so ?
Expert:  Ash replied 10 months ago.
Yes. But you need to make an application for that. The cost if very expensive and if runs to trial is likely to be circa £15,000. So yes you can do this if you wish
Expert:  Ash replied 10 months ago.
Does that clarify?Please remember to rate otherwise the site does not pay me for the considerable time I have spent with you. Thanks
Customer: replied 10 months ago.
ok and thank you
Expert:  Ash replied 10 months ago.
Thanks. Please do remember to rate.
Expert:  Ash replied 10 months ago.
All the best - Alex
Ash, Solicitor
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Experience: Solicitor with 5+ years experience
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