Charging order on property

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  • #16
    Yes to transfer it up but if they don't get anything (which they probably won't) I have to pay a further £60...£120 is worst case (but most likely) scenario. Well worth it to upset them though!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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    • #17
      Ahh right I see. I know a few companies that are charging an admin fee to transfer up and thought you had used one of these.

      You never know what will happen, I've been to some right disgusting properties and been messed around for hours trying to get some form of payment but when you start removing stuff payment magically appears in cash from the bedroom etc.

      Best of luck with your cases anyway.

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      • #18
        I know some people have said can't make him liable for her rent but realistically he was living there too, had been for about 3 years, they're married and the rent arrears came at the end as they didn't pay. If I put him on too he can put in a defence that it has nothing to do with him but I'm fairly certain the claim will be ignored and I can apply for a default judgement.

        I think someone did say it but just to clarify whether it is likely my claim would be struck out in the paperwork? if I claim for both of them my understanding is evidence is not submitted at the start. I will explain in particulars of claim how the claim has come about. Then when they ignore the claim I can get a default judgement.

        If he feels it's not his debt then he has a right to submit a defence.

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        • #19
          You're right about the default judgement part, but another thing to consider is that he might have very good grounds for getting the judgement set aside later. If that happens you have to start all over again.
          I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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          • #20
            I don't think he would go to court over it but if he did apply to set the judgement aside would it just be him removed leaving the judgement in her name or does the whole thing get set aside? It wouldn't be very gallant of him to go to court arguing debt wasn't his but his wife's

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            • #21
              He could either ask that it be set aside or varied as I understand it, the latter would be just removing her, the former would be nullifying the entire thing.

              http://www.justice.gov.uk/courts/pro...l/rules/part13 - PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

              He might not do it at the time as you say, but I'd be surprised if he didn't once you came to try and enforce it..... or once it affected him getting credit or a job or whathaveyou.

              You know them better than me - use your own judgement, just bear the possibility in mind
              I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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              • #22
                Just to update - HCEOs visited debtor - old car, few assets. He was very upset that they turned up (which was what I wanted) but they came away with nothing. They say the car was not worth much but I have asked them to seize it anyway just to annoy hm - don't know if they will but lets see...watch this space!
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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