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charge on property?
3 Answers
I am owed a large sum of money which I lent a friend of a friend 3 years ago. The Person will not pay me back and I have been told to put a "charge"on their property.
I don't know what they mean or how to go about it.
Is this the only route I can take to get my money back.
Answers
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If A owes B money and A won't pay and B has sufficient evidence that this money is owed then legal action is open. If A has persuable assetts then B has a good chance of getting paid by using the courts Bailiffs etc. Putting a charge is possible but all it means is that you will get you money when they sell the house, could be never.
The crux of this situation is have you got anything in writing that shows this friend of a friend owes you money any agreement at all? Otherwise there's very little you can do.
As Loosehead has indicated, legal measures may not be of much use to you if you're unable to prove that this person owes you the money.
If you can prove that the debtor owes you money you should contact your local Citzens Advice Bureau. They'll probably suggest that you use the small claims procedure (as long as the amount does not exceed �5000). This is very simple and you don't need to involve a solicitor. (If the amount involved is more than �5000, you'll have to sue. This can be a very expensive and complicated process and you'd be well-advised to consult a solicitor first).
Remember though, that getting blood out of a stone tends to be a bit tricky. If the person you loaned the money to is now stoney broke, you can get as many court orders as you like and you still won't get your money. As has already been suggested, you might be able to put a charge on their property but you won't get anything until they sell the house. A better solution to non-payment might be to send the bailiffs in. Even this won't be of any use unless you can be sure that the auction value of the property seized will be enough to repay the debt and pay the bailiffs' fees. A further option would be to force the debtor into bankruptcy but we're back to the 'blood out of a stone' problem again. None of these measures, anyway, can be entered into until such time as a court has made an order requiring payment. So, as I said before, the first thing to do is to get the CAB to advise you on the relevant court process.
Good luck!
Chris
If you can prove that the debtor owes you money you should contact your local Citzens Advice Bureau. They'll probably suggest that you use the small claims procedure (as long as the amount does not exceed �5000). This is very simple and you don't need to involve a solicitor. (If the amount involved is more than �5000, you'll have to sue. This can be a very expensive and complicated process and you'd be well-advised to consult a solicitor first).
Remember though, that getting blood out of a stone tends to be a bit tricky. If the person you loaned the money to is now stoney broke, you can get as many court orders as you like and you still won't get your money. As has already been suggested, you might be able to put a charge on their property but you won't get anything until they sell the house. A better solution to non-payment might be to send the bailiffs in. Even this won't be of any use unless you can be sure that the auction value of the property seized will be enough to repay the debt and pay the bailiffs' fees. A further option would be to force the debtor into bankruptcy but we're back to the 'blood out of a stone' problem again. None of these measures, anyway, can be entered into until such time as a court has made an order requiring payment. So, as I said before, the first thing to do is to get the CAB to advise you on the relevant court process.
Good luck!
Chris
You need to start a claim against your friend, and get a county court judgment against him. This can then be enforced by a charging order over the property. You can then apply for the property to be sold, but this is very difficult in practice.
You CANNOT just "send the bailiffs round" as suggested by Buenchico. As Loosehead implied, the bailiffs are servants of the Court, and need to be instructed by the Court. Any other form of bailiffs are likely to land you in serious trouble yourself.
Start compiling the evidence you have, to see if you have a chance of proving a claim against your friend. If you have a strong case, telling him you are thinking of going to Court may make him pay up.
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