How to enforce a payment ???

[birkopf]

Hi there,

 

I am posting here as it matches most closely my query ???

 

I have won a court case and defendant didn't pay. I have to enforce a payment.

 

1) Charge home: Someone told me to "charge his home" but I received no further info. What does it mean to charge his home ? I assume I can call Land Registry but I don't have his address?

 

- If I give them defendant's name would they be able to confirm that he owns a property or do I need to know his exact address ?

 

2) Car dealer: He is a car dealer but names on V5 of cars that he sells are not his. I guess that even if he just sold £15k worth of cars, bailiff won't be able to reposes ?

 

3) What else? Basically - How can I get my money back ?

[BRIGADIER2JCS]

A charging order is made by a court it is noted on the Land Registry entry that a charge is in place and if the property is sold the debt is paid from the proceeds.

What details do show on his trading invoices and letter heads?

[Jam_Buttie]

Get a Live Writ and instruct bailiff's.

 

The cars wont be reg'd in his name on the V5, but he'll have to prove who they belong to via invoices etc. but car dealership is a funny game. Cars can be on Sale Or Return basis, so the dealer might not even actually own them. Or they are being sold on behalf of other dealers.

 

the sign above his office and on his adverts might say "ABC Motors" yet all the paperwork/insurance etc might say "Bill Smith T/A ABC Motors.." So I'm not sure how that works with bailiffs as the paperwork for any assets have to match what is on their Writ.

[birkopf]

He has falsified the company name as well as his address. I have more than 4 accrrsses for him now. I will call the land registry and enquire about that. Can I ask court for charging order ków immediately after his time to pay expired or do I need first warrant and some "standard" means of enforcement to be exhausted ?

 

I doubt it will be possible to take over those cars, although I have his trading name and online adverts proving to some of them were sold. Would this do ?

[Seminole]

A charging order would secure your debt. In practice this means that he couldn't sell or transfer the charged property without you being notified. Did you get the CCJ against him personally or in the name of a limited company? You would only be able to a charging order against a property in which the person or company you sued has an interest. For example if you sued ABC Ltd you wouldn't be able to get a charging order against the personal home of the company's director.

 

If you have the addresses you can do online searches at the Land Registry to find out who owns the properties.

 

A charging order does not usually immediately translate into payment but it protects your interest. You can apply to the court for an order that the charged property be sold but this is difficult for personally owned properties.

 

If you sued an individual you could apply to the court for an oral examination. This requires the person to attend court and explain their financial circumstances.

 

If you know their bank account details you could ask the court to freeze an amount equivalent to the debt and for it to be paid to you. Given that he's a used car dealer, this might be a good approach.