NoRegretsCoyote
Registered User
- Messages
- 5,766
@galway_blow_in Happy Christmas to you too! All advice given in a generous spirit.
You know better than to do that!Having read a number of articles online
If they were genuine, why bother ringing you? If they were able to put a charge on the property, then just do it.
Sounds to me like they were chancing their arm.
You know better than to do that!
They'd need a judgement, and then attach a charge to the property. Ask your solicitor what the current timelines are in your court area for that.
A garnishee only kicks in after a judgement - they could go after his salary from employer.
@galway_blow_in
I'm not a legal person, so don't do anything based on what I say!
Re number, They might have dropped into the property and got your number from tenants?
The garnishee order would have nothing to do with you - you don't owe money to the original owner.
Getting a judgement takes time. They must give 10 days notice of claim. Then they go to court. Then debtor has 28 days to respond. Then the real process starts. Assuming it's less than 15k it's district court. Even if they managed to get judgement, it'd rank behind the banks charge. So it's useless to them. If he goes to a solicitor, they'd advise him not to do it.
I concur and it would seem to me that they are the ones who divulged your number. Have you considered it may be them who are chancing their arm here by using a local buddy ? Of course, if you didn't give the tenants your number then this is not the source.I speak from experience you bend over backwards to accommodate tenants but they do nothing on their side.
Reading this just reinforces my view that the law isn't working on behalf of landlords. Everything is skewed in favour of the tenants.
Just one point whoever rang threatening placing a charge is trying his/her arm.
You bought the property and you said from a receiver surely any outstanding creditors must contact the receiver regarding this.
Frankly I'd report it to the guards, it smacks of extortion. Once the sale goes through it's your property and anyone who is a creditor can deal with the receiver. (Unless the law has changed)
Doing the right thing isn't always the best strategy, I speak from experience you bend over backwards to accommodate tenants but they do nothing on their side.
@galway_blow_in
As part of the purchase, does your solicitor not do a search at the last minute to ensure that there is no charge on the property?
Am not the expert but if you pay €5 and look at the folio for my house on the Land Registry website you can find that there is a mortgage with BoI on the property. You can do this yourself online for the property you are buying.
Don't bother your solicitor, look it up yourself here and download the folio for a €5 fee.
Send an legitimate outstanding debts to the receiver, it's not your issue once the property is legally yours.guy who rang claims to be planning to stick a charge on it so it would not be on it yet ? , my solicitor only referred to the lenders charge pre auction , im wondering if new creditors crawling out are dealt with in the contract , receivers can be sneaky , just how broad can you go with an auction sale ?
Send an legitimate outstanding debts to the receiver, it's not your issue once the property is legally yours.
And if others try it get their phone numbers, you genuinely seem to a genuine type who wants to do everything by the book, unfortunately not everyone is like that, some will exploit if they think they can bully you.
Again outstanding debts aren't your issue
I think you might be right........best of luck hope it works out.I'm not worried about chancers, it's the legal quirks which concern me, perhaps none exist where a fresh creditor can climb on the new owners property, I'm attempting to try and get clarity on the matter, even he did get a charge on my property, i wouldn't really care if it was only useful in the event of a sale, i wouldn't be planning to resell, in fact I'd probably lease to the local authority down the road for ten years plus, i have that arrangement with Limerick Council on another house and it suits me fine, no dealing with tenants, guaranteed rent
Guy may indeed be a spoofer or working for the guy who lost his property