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ohitsonlyme

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ohitsonlyme last won the day on February 24 2011

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  1. As I said earlier in the thread, I have not seen the document that was attempted delivery, my wife (not Ex) only had a cursory glance at it, so its best that we wait for further attempts at delivery to EX SD route is well explored now thank you
  2. both hmrc and divorce sols gained ccj and charging orders (form K) against ex's beneficial interest on both properties Property 1 was sold and form k remove post completion property 2 still has charges against ex and is due to be sold once I can renovate it
  3. Yes form k is in her name for both creditors and still live on unsold property 2
  4. Yes there is still a standard form K restriction in place on our jointly held house where she is now bedridden. I havent seen the document that was attempted delivery so best to wait until something turns up at property 2 where ex now lives
  5. IS SD a further action that is not allowed as per my above post I shall wait to see the actual document when it arrives
  6. CCJ did add post judgment interest so far 0ver 3000 days copied from tinterweb:The sheriffs office: I thought it was interesting, I dont know the difference between action and enforcement Limitation Act 1980 Section 24 of the Limitation Act 1980 states that: An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable No arrears of interest in respect of any judgment debt shall de recovered after the expiration of six years from the date on which the interest became due. Lowsley v Forbes This situation was considered by the House of Lords in the case of Lowsley v Forbes where the claimant wished to enforce the judgment 11.5 years later, when the defendant returned to the country. The Lords ruled that the legislation barred the bringing of a fresh action, but that execution of the existing judgment did not count as a fresh action. Therefore the claimant was able to take enforcement action. However, the Lords did rule that the limit of six years’ interest did still apply. Impact of delays The main impact of a long delay in enforcement will be whether the judgment debtor can be located, has sufficient assets and is solvent. In the case of a business, it may have been wound up or gone into insolvency. There will also be the fact that only six years’ interest can be recovered. Permission will be required from the Court to obtain a writ of execution on a judgment more than six years old under RSC Order 46, rule 2(1)(a). The Court is likely to ask why there has been such a delay and will take this into account when making its decision. The judgment debtor may also challenge enforcement on the basis of delay. However, he will have to provide compelling evidence of the extent of prejudice to the debtor by reason of the delay.
  7. I shall wait and see exactly what the server was trying to serve once it arrives at the correct address Security is still on one property and as I am also the beneficial owner of 50% I dont think they can force sale I dont understand this sentence could you explain please
  8. Ex is vulnerable, has been bedridden for 10 years, and she is willing to pay sols costs but 8% interest doubles the debt. Sols still have security on second property that she stills lives in that I am renovating in order to sell in the coming few months so the debt continues to be secured (as we have found not very easy to gain payment on from k restriction) I've been reading about interest on CCJ after 6 years not being enforceable under limitations act also that the creditor would need to go back to court for permission to enforce. Is SD enforcement or action? I dont know the difference As an interesting aside as her divorce sols knew they about the HMRC debt and on the charging order stated that they knew of no other creditors and so gained priority over HMRC!! I think that telling them that we would report this to the court to HMRC and SRA may help in negotiations Can the additional costs of SD and further court action be added to the current total debt if not then this would help in negotiating a reasonable settlement Ideally I would like someone to negotiate with them to reduce interest
  9. Stat demand attempted to be delivered today!! not delivered so not served and no copy of it as yet They tried to serve it on my wife ( similar name to my ex wife ,the debtor)
  10. Sale of Property one has now gone through half Funds transferred to ex Creditor 1 (divorce solicitors) have already contacted our solicitors asking to be repaid (too Late) I am still wary about what can be done so I shall keep all updated.
  11. I understand what you are saying and how difficult it is to go back to court for further enforcement after 12 years and having had a rest k Surely when they find out that she has had a chunk of money they willl consider other options -Stat demand? or HMRC bailiffs ?? or???
  12. Judgment summons If you do not pay what is ordered on a CCJ, HMRC can ask the court to issue a ‘judgment summons’. This orders you to go to court and explain why you have not paid. You can be sent to prison if you have (or have had) the money to pay the amount shown on the judgment summons and have wilfully neglected or refused to pay as the court ordered. Although this power exists, it is not currently being used by HMRC. I think she needs to get specialist advice on how to negotiate. She has been bed ridden for many years and is often "not with it" due to medication It looks likely she will need to pay HMRC from the first property sale
  13. I think she is going to get some grief from HMRC I found my copies of the restriction today and the debt she had with them got a ccj for £27k attached to it. I dont know if interest is added at 8% and she hasnt got any other information I cant see them letting her get away with it but dont know what further action can be taken by them. Any thoughts on what other actions HMRC can take??
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