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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 153
Experience:  Solicitor at BLM
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I. Trying to recover £20,900. Went to moneyclaim.gov and got

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Hi. I. Trying to recover £20,900. Went to moneyclaim.gov and got ccj against defendant. He ignored. Going through enforcement, with a high court writ, he's not been seen. I've taken out a charging order on his rented property. Not getting another charging order. He wont sell a property. What do I do?
Assistant: Where is he? It matters because laws vary by location.
Customer: Apparently croydon / south London
Assistant: What steps has he taken so far?
Customer: Nothing. He says and does nothing. Just ignored everything. Stays silent. No communication. Nothing.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I've taken all the steps. How else can I get all my money back?

Hello I am currently reviewing your question and will return to you shortly

Hello

Does the debtor have a job?

Customer: replied 9 days ago.
Hi, apparently he is self employed and works in property investments. He is on LinkedIn. He used my £20k to buy a house in bradford, which he rents out and gets rental income. He never told me ir the court about it. I cannot believe anything he says. He is a compulsive liar. He has a company in his name called Pinewood Properties investment Ltd. He has other creditors who have put a charge on the property in Bradford. I have 2 addresses for him - one looks like a shed and the other he apparently sold to his brother. This man has to be brought to justice. I need my savings back. I dont know what to do next.....pls help. Thank you

Hello

Given your comments mentioned above I suggest you consider commencing a bankruptcy petition as this route will force the debtor to sell properties in his name to pay the debt

https://www.gov.uk/apply-to-bankrupt-someone

Steps on how to carry out such action are noted within the link above

I hope I have answered your query and if so please rate the answer given using the stars button at the top of your screen

Customer: replied 9 days ago.
Thank you. I feel like he is an expert at this. If he is bankrupt, he can do that and still start again. I want him fo be forced to give my money back. Right now nothing is affecting him......
Customer: replied 9 days ago.
My biggest concern is him failing to return my money.. it seems like nothing is working to force him to give it back. Everything I have done and said does not work......he cited make himself bankrupt and start again....
What the risk I have lost this money?

Given you have a charge on his property the if and when the property is sold you can recover your money plus interest then.

Therefore you have not lost your money per se

However if you commence the bankruptcy action and you successfully make him bankrupt then he will have to sell the property to repay all his debts and hopefully the sale of the property will cover the debt

Customer: replied 9 days ago.
He will not sell that property. He is getting rent and has no mortgage on it
Customer: replied 9 days ago.
he will be forced to sell the rented house in Bradford? I didn't think that could be done as there are tenants there and cannot make them homeless....?

It his property so potential he will have to sell.

Another option is seize and control of goods

Have you tried that option yet

It is a less expensive option I will send you some guidance on how to get it done

See attached

Customer: replied 9 days ago.
The seizing of goods was supposed to happen when the baliffs go. The address they went to he wasn't there and said it's his brother's. They cant locate him and cant force entry, so it hasn't worked
Customer: replied 9 days ago.
I need a defubate action that I can proceed with which will guarantee my money back. Not a potential or maybe pls. Plesse tell me for sure what I need to do to definitely get my money back? I cannot afford to waste time and money on something that isn't going to work - ccjs, baliffs, charging order.....

If you want definite action. You need to you check what assets he owns by undertaking a search via equifax.co.uk

Customer: replied 9 days ago.
Thanks for sending the guidance. I have already done this. It has not worked......

The bankruptcy option is the one I suggest but that's not going to be definite if he does not have any assets to sell

Another option is a third party debt order

This can be used to secure a debt from a third party who you believe holds assets for the debtor. But you need very good evidence to get this order.

Customer: replied 9 days ago.
Issuing bankruptcy will cost me £1000. It's an expensive option for possi low outcome.
Customer: replied 9 days ago.
I dont know anyone else involved with him.....
Customer: replied 9 days ago.
How do I proceed with equifax?
Customer: replied 9 days ago.
Ideally, I want him to sell the property in Bradford that he used my money to buy but it has tenants in

Go on the Equifax website and create an account and try and input as much info about the debtor as possible I.e name date of birth etc.

Who owns the property in Bradford

Customer: replied 9 days ago.
He owns it. I have ths title deeds. It's in his sole name

Remind why the baliffs didn't go there to seize assets

Customer: replied 9 days ago.
The address they have, he wasnt there- his brother was. They couldn't force entry. There was no vehicle
There is another address which is just an office / shed
Customer: replied 9 days ago.
He is an expert at this. He plays the game. I've not been in this situation before......I dont know what else to do.
I thought baliffs would work.....

You have a charge over his property so that's is one good thing

Customer: replied 9 days ago.
but that's not getting me my money back because he's not going to sell it....

So when the property is sold you will hopefully recover the money then. But forcing a sale is using the expensive route of the bankruptcy option

Customer: replied 9 days ago.
I need my money back quickly. This is the 3rd yr......my patience is running very thin
Customer: replied 9 days ago.
Ok, so I dont mind issuing bankruptcy if it will guarantee the sale of the bradford property.....
Then it will be money well spent.....
Customer: replied 9 days ago.
If not, then it'll be a waste....

Then I suggest either trying to contact him to work a payment plan

Instructing a solicitor to be the middle man/woman if you don't want to deal with direct

Bankruptcy option but before you do this and to ensure YOUGET this right I suggest you instruct a solicitor to do this for you and try to negotiate a deal with the sols that you will pay them if the property is sold

I hope the options discussed here has provided you with some assistance.

Customer: replied 9 days ago.
What type of solicitor do I need?

Debt recovery solicitors there are lots of them.

They have access to software that can find out a lot more about the debtor than you even realise

https://stripes-solicitors.co.uk/debt-recovery/?gclid=Cj0KCQjw2efrBRD3ARIsAEnt0ehLneUuP9JUdPGl9Sdt_SL7WFC3TLl-i6fJ7VvdF88AScQbK44-JsgaAri6EALw_wcB

This is one but if you typed debt recovery solicitors in your search engine you will finds lots and then see which you like

Customer: replied 9 days ago.
Thank you

No problem

Please before you leave JA today can you rate the assistance provided by using the stars button at the top of your screen

As this will help improve the service given and credit me for the query answered.

Thanks

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