Order of Sale threat

Blob

I have been sent the letter that informs me to pay up or else we will go for an Order of Sale.

Question; I have had an Estate Agent come and look at the house and he tells me that due to a strutial problem, it is his profesionsl opinion that the house is "unsaleable", so what happens when this is put before the Court as he is going to put this on paper?

Anyone any ideas on this one?

munchings-n-crunchings

Hello Blob.

I don't understand any of this Order of Sale Stuff and how a sale would be achieved.

Here's what I think, from too much daytime tv.
Properties are bought and sold with structural defects.
It may mean that a potential buyer is unable to get a mortgage on the house, but if a developer bought the house, then that probably wouldn't come into it.
If a house is sold at auction, then bidders would be expected to have a survey dome prior to auction.

Just as an agent has said it's unsaleable, I wouldn't think that means it can't be sold.

I'm sure you could ask on the 'House buying, renting and selling' board', how the sale of a house with structural defect would work, you could get some advice from there, without confusing the issue with the Order of Sale bit.

Regards
Munchie

kelloggs36

The CSA would get a valuation done on the property and then make a decision as to whether it is worth proceeding based on the amount of equity on the property. If there is enough equity then they may decide to proceed. There are lots of other factors to consider before they do this though and it has to be water tight otherwise their own solicitors will throw it back at them to correct before they will go ahead.

jacklink

why not 'sell' your house to your mum for a pound? under terms and conditions you can reside there ?

kelloggs36

The CSA could get this overridden so it isn't worth the hassle.

Blob

I think that they will have to start to talk to me and not threaten me as they are now, as even without the problems the amount of equity in the house that is actually mine, after the mortguage is paid off, my partner gets her money out that she put in to buy the house and the relevent costs of the sale is a negitive figure, if they like it or not. They keep forgeting that I was bankrupt as a result of the divorce! Will they listen, no chance!

bdt1

Blob, sorry if I've missed things, but is your arrears figure correct?

How far have you taken action to sort arrears figure, payment scheme etc etc, or is it that you cannot pay within their 2 year target? Therefore they use bully tactics anyway!

This is a terrible situation for you, I just hope Kelloggs is right, and as you say if there is negative equity, then surely common sense will prevail at some point (alas in our experience something no-one in CSA has) and the CSA solicitors will throw this nonsense situation out.

Blob

After they had to appoligis to parliment on this case and that was the CEO in person in a written letter, an agreement was made. They then broke the agreement and have been critisised by ICE for this. There was also an agreement made for the arrears and that was sanction by a Court! They now say that this agreemetn is not valid as it is not in the 2 year policy!

So basicly there is no agreement that they will keep to as they can change their minds as and when.

I have no faith in the CSA solicitors or the CSA as they have all proved to be people of little principle and less of the abillity to keep to an agreement. As for common sence, the DWP has none. They have told me they don't do pragmatic but stick to teh law. My opinion would be nice if they started.

I am at this time trying to arrange a meeting in London with teh Shadow Sec of State and my MP present, the CSA have been told of this and have been invited to attend when the date is set, I have also asked for a senior manager to be present. As well as the bod from enforcment, strangly they were taken aback by this turn of events and at least have acknowledge this fact.

I will be sending them the letter from the Estate Agent when it comes through, as well as the figures in how much they wont get by the action that they have outlined that they intend to try.

bdt1

Have they confirmed that the 2 year policy is indeed legally binding and appropriate in your case, as I understood it , it is an internal steer only, and there is no legislation which states an arrears MUST be collected within the 24 month period, if I am incorrect, I would be interested to hear your advice, as I know I too will be having the '2 years' conversation with CSA Reps soon

Blob

The 2 year thing is not law in any shape or way at all, it is policy.