I have a ccj against an individual for non payment of a loan due for repayment in August 2008 He agreed to pay instalements and has reneged. He claims now to be seperated from his wife and their property was transfered into his wifes name in November 2003 the ccj was awarded in my favour for 23,000 finally in March 2009 Do i stand any chance of putting a charge against the marital property. He is a financial consultant and owner of Well Money. This company is owned by him but an official trading name of Blueprint Financial Services Ltd whom are authorized to trade under the Openwork Ltd , Zurich Insurance backed , financial services trading network. If i cant get him to pay , will my threat to make him bankrupt ( at a £1300 rough cost to me ) be a positive solution?? Or is there any way i can apply the debt back to Blueprint?? any advice gratefully appreciated
If the loan was directly to him then you can't pursue the Ltd company as this is an individual entity in its own right. He just happens to own some or all of it.
If he has a CCJ this is a "notifiable offence" to the FSA. Although not directly authorised by the FSA he would still need to notify Zurich and this would cause a problem.
If he were made bankrupt this is a bigger problem as he would not be able to be a director of a Ltd company , would not be able to write mortgages etc etc etc.
Bear in mind that in the current climate a mortgage brokers lot is extremely difficult and his income may well have dropped dramatically.
If you have a CCJ your options are:-
1. an attachment of earnings order 2. obtain a warrant of execution and ask the court to send bailiffs to his house.
You can obtain a garnashee order which freezes all of his assets while you try to pick through everything so he can't hide cars / money etc
finally you can serve the statutory demand - this allows him 18 days to defend it ( almost impossible following the CCJ ) and after 21 days you can petition for his bankruptcy.
The risk you have is that if he has no assets and huge debts you may be doing him a favour.
Hi trl, if you make him bankrupt you will only receive money if he has assets. Has he divorced his wife or just seperated and is there equity in the property. What was the debt for and was the debt owed by him personally or the company
The debt was a short term loan to the company he owns (4 month loan) but his company is a trading name of a bigger one part of the Openwork Ltd financial network . When i got the ccj awarded against him he then claimed seperation from his wife. It appears marital property title was transfered into his wifes sole name in November 2003. Correspondance pertaining to this loan to him and Well Money ( his company ) lists him at this address.
Hi trl, if you make him bankrupt you will only receive money if he has assets. Has he divorced his wife or just seperated and is there equity in the property. What was the debt for and was the debt owed by him personally or the company
The debt was a short term loan to the company he owns (4 month loan) but his company is a trading name of a Blueprint Financial Services ltd part of the Openwork Ltd financial network . When i got the ccj awarded against him he then claimed seperation from his wife. It appears marital property title was transfered into his wifes sole name in November 2003. Correspondance pertaining to this loan to him and Well Money ( his company and not ltd) lists him at this address.What are the 5y criterea to put a charge against his property transfered into his wifes name. the loan was due for repayment August 2008 but ccj awarded february 2009. It appears he has now applied for a N244 . How does this affect matters? thx
I have a ccj against an individual for non payment
Posted - 01 October 2009 : 21:02:42
