friend and my credit card

[streetlegal]

looking for some advice please,

 

couple of years ago a "friend" messed up my car.

i paid for the parts to repair/upgrade and he did the work.

 

later somebody else wanted there car tuning the same as mine.....this is where it starts

 

the "friend" didnt have the cash so as i trusted him i let him use my credit card to obtain the parts to do the job on the understanding i would get a share of the profits.

 

2 days later i got a call from the c/c company to authorise a payment, cleared security and all was well.

 

then i got the bill :mad2:

 

£1500 of new windows went in his house £1400 went on car parts.......

 

the car was finished and paid for but my "friend" went on holiday for a week, upon return i have had every story under the sun of how he will pay it back.

 

i just heard he is selling his house soon so would like to get a "charge" over his house or a possesion order or such like on the windows....

 

any advice would be appreciated and if successfull i will make another donation to cag the same as last time

[renegadeimp]

Youd have to go through court since the charges were authorised by you.

[streetlegal]

even though i was under the assumption it was for car parts ?

 

will it be a strong case as he has some of the property obtained ? i.e. windows ?

thanks for the fast reply

[streetlegal]

do i also add his wifes name to the claim just incase the house in her name ?

[renegadeimp]

Its your responsibility to check what the money is for and who its paid to. You might be able to get him for fraud, but id wait for further advice. Regarding his wife, you cant do that unless you know she used it. Also, you have to comply with the pre action protocol, so he would be given advanced notice that if he doesnt pay youd be going to court. You cant simply file without warning.

[steampowered]

Gosh, that is really annoying.

 

You can write a 'letter before claim' asking him to make payment in 14 days else you will issue a small claim against him. If he doesn't pay in 14 days you can then go ahead and issue a claim on moneyclaimonline.

 

You can issue what is known as a 'unilateral notice' against his property using land registry form UN1. This doesn't provide much protection but is at least something.

[streetlegal]

i have downloaded the land registry deeds for his house and found this....

 

(24.06.2014) RESTRICTION: No disposition by a sole proprietor of the

registered estate (except a trust corporation) under which capital

money arises is to be registered unless authorised by an order of the

court.

 

what does it mean in english ?

[steampowered]

i have downloaded the land registry deeds for his house and found this....

 

(24.06.2014) RESTRICTION: No disposition by a sole proprietor of the

registered estate (except a trust corporation) under which capital

money arises is to be registered unless authorised by an order of the

court.

 

what does it mean in english ?

It means the property is jointly owned and both joint owners have to approve a sale.

[spalding78]

You can issue what is known as a 'unilateral notice' against his property using land registry form UN1. This doesn't provide much protection but is at least something.

But the OP has no interest in his 'friend's property, so would be committing fraud if he applied for a Unilateral Notice by pretending he did.

[streetlegal]

But the OP has no interest in his 'friend's property, so would be committing fraud if he applied for a Unilateral Notice by pretending he did.

 

the windows he bought with my card form part of the property. i would like to gain a possesion order for the windows if he doesnt pay

 

can someone inform me as to what i need to do step by step ? are there any templates for letters etc.

i dont want to jump the gun on anything just to invalidate the claim

 

thanks in advance

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards&p=4654892#post4654892

[renegadeimp]

You can't.

[streetlegal]

You can't.

 

please explain further

 

i must have some sort of recourse

[SabreSheep]

not much as you let them use your card..... So no fraud protection from bank.

[renegadeimp]

You would have to go through SCC and show evidence that THEY had the money and what they bought with it. You allowed the transaction and its your responsibility to check the amount withdrawn. Theres no conceivable way you could get a charge on their house simply because they bought windows.

[steampowered]

The appropriate legal route would be to make a claim through the small claims court. If successful he would then have a CCJ and you can then get a charging order on the property or send bailiffs round if the CCJ is not paid. It is relatively straightforward to do.