Enforcing Sale of Property

kaznelson

Five years ago I made an unwise decision to enter into a Business Partnership with an untrustworthy Partner. To cut a long story short after a lengthy Court Case I now have a Judgement against me for £9.5k.

It was agreed with the Courts that I would pay monthly instlaments, which are quiet low at the moment. Ive always made the payments and have been managing to pay extra on top. However 7 months ago a Charging Order was placed on my home as a form of Securtiy.

I have now received an application to Enforce Sale. Their Solicitors have been very sneaking and have obtained a drive by valuation on my property and a detailed summary of monies owed to my mortgage company.

My home is jointly owned with my husband and we have two young children. The equatiy in the property is approx £70k, split jointly.

Would anybody be able to advise if they would be able to enforce me to sell my property?? Thanks

[Deleted User]

You need to see a solicitor ASAP if you wish to contest it.

If you have been sticking to the terms of the Charging Order and have continued to pay what was agreed, and ARE clearing the debt, albeit slowly, I cannot see why a Court would now seek to enforce your eviction.

The fact that you have young children living there may also be in your favour.

If your court case was 5 years ago and only in the last few months have the creditors made contact with you, they may be trying to ensure that they stay inside the 6 year rule to ensure they stand a chance of getting their money back. This is for their benefit not yours.

With a Charging Order already on the house and the notification of Enforcement of Sale now issued you do need legal representation so don't delay.

good luck

gibby

yes get a solicitor asap

if an order has been made by the court it cant be changed unless you go back to the court.

if there are children in th house the court will not grant an eviction or sale - as this happened to a friend of mine and the court just threw it out as the bank were being very sneaky

dont panic & see a solicitor


G

Jen_Jen_5

not being too down on solicitors but they may charge, your local CAB or advice agency may be able to offer free representation - its worth asking

kaznelson

Hi, Thanks for all the support & good advice.

Ive looked on every site possible and the general advice is that they can force a sale but I am seeing my solicitor tomorrow.