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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49829
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed business owner (1 man band) and I am

Customer Question

I am a self employed business owner (1 man band) and I am owed in the region of £16,000 by a limited company.
The owner of the company has so far refused to pay me, saying he has not been paid the money by his client.
He has though told me that he is in the process of selling of his house and will pay me once the sale goes through.
My question is, is there anyway of securing the debt and money he owes me against his house so that when the sale goes through, he has to, by law, pay me?
I'm just not convinced he will pay me after the house is sold and once he moves I will no longer know where he lives or how to get hold of him....
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. I presume the house is owned personally by the owner, rather than being registered under the business?

Customer: replied 1 year ago.
39;For Ben Jones' Yes I believe the house is personally owned and has no connection to the business, other than being the registered business address
Expert:  Ben Jones replied 1 year ago.

Thank you. Sadly you cannot place a charge on the house to ensure that they pay you once it sells. This is because the house will be an asset that is not in any way related to the company which owes you the money. A limited company is a separate legal entity and will be responsible for its own debts. The owner may have his own personal assets but they will not in any way be linked to the company and its debts. Your rights are against the company and its assets, not the owner’s personal assets, which are safe from any debts of the company. If the company had any assets, like property, you could seek to obtain a charging order against these but to do so you would need to apply to court first for the debt and get a County Court Judgment in your favour. Once you have that you can apply to the court for a charging order, which would give you the right to be paid out of the proceeds of a sale of the property. However, remember that this can only happen if the property in question is owned by the company, it would not cover any of the owner’s personal assets.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.