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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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You may recall that you assisted me with a claim

Resolved Question:

Hello You may recall that you assisted me with a claim against 2 landlords who I rented the same property from. I now have a CCJ against the second landlord and I wish to understand my options. 1. The claim was dismissed against the first landlord as he
never authorised his name to go on the tenancy agreement. According to him, the company that he was a director of was responsible. The judge's finding is that: "the claim against the first defendant is dismissed with no order for costs." At the time of the
hearing the first defendant mentioned that he would consider putting in a counter claim against me. Has this possibility been categorically denied to him, i.e. "no order for costs" means not only legal costs but anything else like loss of earnings / loss of
time / damage to reputation etc? 2. The CCJ orders the second defendant who as far as I know still owns the property, to pay me a sum of money. I have subsequently found out that he no longer lives in the UK. Consequently what are my options to enforce this
CCJ? I have a few other points regarding this, however let's us begin with these Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What would you like to know please?
Customer: replied 2 years ago.
First question:The judge's finding is that: "the claim against the first defendant is dismissed with no order for costs." At the time of the hearing the first defendant mentioned that he would consider putting in a counter claim against me. Has this possibility been categorically denied to him, i.e. "no order for costs" means not only legal costs but anything else like loss of earnings / loss of time / damage to reputation etc?
Expert:  Ash replied 2 years ago.
Yes no order as to costs means that is it - he gets no costs whatsoever. There was never a counter claim so it all ends.
Does that help?
Alex
Customer: replied 2 years ago.
Ok good.Ref the second defendant. I have been reading what options are available but they are focused on someone living in the UK.
My understanding is that he left this country in the Spring of this year, however, as of September 2015 he still owns the property that I lived in and I am fairly sure that the same tenants who live there pay rent to him via a management company.It would seem that I need to get the money via the rent that he receives from the tenants. How would I go about this?
Expert:  Ash replied 2 years ago.
If you can do a search on the property at the land registry then you can charge the property. Sadly you can't intercept payments. But do a search at:
https://eservices.landregistry.gov.uk
Does that help?
Alex
Customer: replied 2 years ago.
What does 'Charge the property' mean? Will the CCJ only be enforced when he sells the property? If so that could be years away? How do I get my money sooner rather than later?
Expert:  Ash replied 2 years ago.
You secure the ccj against the property but it's not automatic, you need to apply to the court for that and the fee is £100
Then once the charge is on the property he has to pay you when he sells it.
Alex
Customer: replied 2 years ago.
Ok several questions fall out of that point:1. It could be years until he sells the property, or not all. If so where does that leave me?
2. He could sell it to a relative before I get the charge on the property and then claim that he has no assets in this country ( I don't know time scales for how long it takes for a Court to authorise such a charge)
3. The Judge granted 3% interest to me from when I moved out to the date of judgement. How does interest work if I have to wait 10 years before he sells the property? Is this automatically added on?
Expert:  Ash replied 2 years ago.
1. You can apply for an order for sale
2. He could which is why you need to be quick
3. Applies the same rate,
Does that help?
Alex
Customer: replied 2 years ago.
AlexI've been looking into this a bit more today and it is looking more problematic. If he moved abroad in the Spring of this year, he may not be aware of the CCJ against him. Indeed could he not claim that he has received no documentation from me in the first place. My pre action letter was returned in July last year with "Addressee gone away" & "Refused." Even if that was a tactic on his behalf, how is he to know that a CCJ has been filed against him now when he no longer lives in the UK and therefore comply with it even if he wanted to? In other words is the onus on him to provide a forwarding address once he has left the address that I had for him and therefore this position stands whether he has moved to another location in the UK or abroad?
Expert:  Ash replied 2 years ago.
The rules require service at last known address nothing more.
Alex
Customer: replied 2 years ago.
That's good to know, however it seems more than likely that I will have to go for enforcement as he is may not have received the CCJ from the court. Would you agree?
Expert:  Ash replied 2 years ago.
Yes.
Alex
Customer: replied 2 years ago.
Ok. How long do I need to wait before I ask for enforcement? 30 days?
In addition is it worth asking the Court for "An Order to obtain information"? Or is this only applicable if the defendant can physically come to court i.e. lives in the Country?
Expert:  Ash replied 2 years ago.
14 days.
Yes don't both with obtain information as you need to serve it on him Personally.
Alex
Customer: replied 2 years ago.
Right. So will any of these enforcement options work if he is living abroad:Attachments of Earnings Order
Warrant of Execution
Third Party Debt OrderThey seem to be applicable to individuals living here
Expert:  Ash replied 2 years ago.
None. Charge only.
Alex
Customer: replied 2 years ago.
Ok. If a Charging Order is the only way to secure the debt, then do I apply for this at the same Court that awarded me the CCJ or at the Court where the property is located?
Expert:  Ash replied 2 years ago.
Yes same Court.
Alex
Customer: replied 2 years ago.
Alright. Let's assume that I go through the process and obtain a Final Charging Order. I have been awarded 3% interest on the debt since vacating the property last year. Will interest continue to be added automatically onto this debt until the debtor sells the property and pays me what he owes, or do I need to carry out a separate task to ensure interest is added on?
Expert:  Ash replied 2 years ago.
Yes continues and added automatically.
Does that help?
Alex
Customer: replied 2 years ago.
Yes getting there Alex. I have read that obtaining an Order for Sale is rare. Figures for 2013 state that out of nearly 48K applications for an Order of Sale, that only 222 were granted. Therefore is it not likely that not only may I have to wait for years or decades before the debtor sells the property, but that the interest could be a larger part of the monies owed to me than the original debt?
Expert:  Ash replied 2 years ago.
Well you say I am getting there. Please ask me EVERYTHING you want to know in one question.
Your question was Consequently what are my options to enforce this.
Now you are asking about orders for sale.
Please ask me everything in one question so I can assist you
Alex
Customer: replied 2 years ago.
Alex, you have misunderstood - I am saying I AM getting there, (i.e. understanding how this process works.) Please bear with me as I am trying to be clear about what options are open to me. I want to understand the legal mechanics behind each step, and why I should choose one option rather than another and the likelihood of that option's success. This is why I am asking you questions as and when they occur to me. Therefore what is your opinion please on what I have asked?
Expert:  Ash replied 2 years ago.
I dont know what the statistics are, I can only tell you legally what to do. Its up to a Judge whether or not an order for sale is granted.
But this secures your debt, which is the whole point
Alex
Customer: replied 2 years ago.
Fair enough. My understanding is that even if I get a Charging Order placed on the property, it seems very likely that a Judge would not grant an Order for Sale, as statistically they are rare. I appreciate a judgement is made on a case by case basis, however I think it is a fair point, albeit a general one. Furthermore, in my case the property has sitting tenants, therefore I would assess that this would count against me in the Judge's opinion. This would be my assessment. Do you agree with this analysis from a legal point of view?
Expert:  Ash replied 2 years ago.
Yes an order for sale can be hard If sums owed are low.
Alex
Customer: replied 2 years ago.
Alright this is my summing up:1. A Charging Order is the only way to secure my debt, along with the associated interest, against the debtor who is now living abroad but owns a property in the UK.
2. It is unlikely that I will be granted an Order for Sale as the debt is less than 5K.
3. I may have to wait many years until I get my money back, but at least I have the debt secured against this asset and the debt will accrue interest until payment.
4. The debtor can pay me at any time, though presumably he will not have to wait until he sells the property?
5. The debtor may remain completely oblivious to this whole situation, meaning that he does not have an opportunity to pay me sooner rather than later. Is there an automatic notification process to the owner once a Charging Order is placed on a property? For example once a Charging Order is registered with the Land Registry, do they inform the owner? Indeed does the owner have to legally keep the Land Registry informed of his current address even if it is abroad?Thanks
Expert:  Ash replied 2 years ago.
Correct.
The Land Registry notifies the owner. You dont need to worry about that.
Does that help?
Alex
Customer: replied 2 years ago.
Good - so it is a legal requirement for the owner to maintain a current address with the Land Registry and therefore they will contact him at his overseas address as soon as a Charging Order is placed on his UK property and lodged with them?
Expert:  Ash replied 2 years ago.
Yes.
Alex
Customer: replied 2 years ago.
Ok, Alex I will call it a day now.
Thanks for your assistance.
Expert:  Ash replied 2 years ago.
Good luck
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