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

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

There is still one restriction in place on the unsold property

Yes form k is in her name for both creditors and still live on unsold property 2

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

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

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.

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

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

SD to ex from ex solicitors who held a form k for a ccj from 10 years ago

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)

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.

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???

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

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??

thank you for your replies dx she was a sole trader

Debts relating to HMRC are for business tax She closed a business but wasnt very savvy She bought a small hair salon, didnt realise that vat was payable , closed the business and got a bill after losing a fortune actually buying the business CCJ was granted in January 2012 she hasnt heard anything for years and is bedridden so I think she was regarded as vulnerable with no income. Other CCJ was 2010 from her divorce solicitors who totally saw her coming we owned several properties my divorce bill was £2,000 hers in the order of 15k and rising Both HMRC and solicitors have restrictions on both of our jointly owned properties that we are now selling due to her illness

They were debts due for a hair dressing salon that she ran very badly. What can they or the solicitor company do once restriction 1 is gone ?? they will still have the restriction on property 2 but will be aware that a sale can go through without paying the CCJ I am as always trying to pre-empt possible issues.

HMRC Did obtain a ccj and gain an interim charging order Wording on both form k restrictions are standard ie not varied at all

Both will still have security on property 2 until that is sold I suppose they may try to shore up the restriction in someway inorder to stop the same happening on property 2

Are the old CCJ unable to be enforced with further action through the courts as they havnt been pursued for 15 years and any action unlikely to be given due to the length of time passed Me again

Both properties in joint names both have form k restrictions from same sources My query is: once sale of property 1 goes through it will notify creditors who hold restriction on property 2 What can they do , what should she do to negotiate or ignore?? Can the OC change the restriction? can they pursue for settlement knowing that cash that she has received funds from property 1

I divorced 15 years ago and own 2 properties with my ex wife who is and has been bedridden for 10 years. I live in property1 she lives in property 2 She needs to move house to a more suitable accommodation She had 2 form k restrictions added to her beneficial interest both properties following CCJ gained by her divorce solicitors and HMRC Unknown values but likely to be over £10k on each. She has not had any comms with either for many years We now have a sale going through on property 1 This will release a substantial amount of equity to her, but will notify both creditors that we understand the form k restriction guidance Once property 1 is sold we intend to sell the property 2 that she lives in after she moves out What actions can she take to avoid the creditors taking action on either the proceeds from sale 1 or enforcement on sale of Property 2 Onlyme again

I moved out of a rental property In late February /early March2020 and had no further access due to the lock down and although I got final bills from gas and electric supplier I didnt get one from untied utilities for the water supply. In november 2020 I received a paper bill from UU at my new address and paid it within 2 weeks I didnt receive any bills by email but I in July I did get a couple of texts which at the time I assumed were scam or phishing texts so I ignored them In December I checked my credit file and found that I was defaulted for £120 in August I didnt get any default notice or other notification Apart from this my Credit file is excellent after 10 years of fighting for my financial survival This blip on my credit report is causing me problems all of my credit cards loans and mortgages are upto date with no late or missed payments and have been for many years UU will not remove the default despite me showing them that I had given notice to the letting agents and telling them that I had spoken to their call centre giving details of my move I dont have records of my phone bill at the time so cant prove that I had notified them The gas and electric have been changed over no problem Is there anything I can do to force or encourage them to remove it?? Only me again

IVe been reading around the forum and have noted the advice so I will be prepared to ignore them if they do call Onlymeagain