Inhibition Order sale of house

CSA_Help

After the CSA got a liabilty order granted they put an inhibition order on me and my wifes house to prevent the sale of it .

We moved house and had to pay them £7k .

The house was in joint names so that made my wife out of pocket due the the powers of the CSA .

It has now been proved that the debt they calculated for the liabilty order was wrong in the first place .

Do i have a comeback or can my wife take action against them

kelloggs36

How much was the difference? They will pay back what they owe you so you are no longer out of pocket.

CSA_Help

kelloggs36 wrote: »

How much was the difference? They will pay back what they owe you so you are no longer out of pocket.

They got LO for £9600 but wrong amount to start of with
and they got £7000 as some of the lo had been paid off

Also if it is now proven that the wrong amount can i claim interest @ 8% pa

jacklink

i doubt it, but its an avenue worth persuing, the government is skint and they want all the money they can get

Matt_Fry

CSA_Help wrote: »

can i claim interest @ 8% pa

Yes, but you have to ask for it at the tribunal and the Judge will award the sum on top of the money the CSA owes you.

You need to get your calculator out before the tribunal judge makes his decision. Its Amount x 0.00022 x Number of Days = 8% interest.

The start date is then the CSA took the money from you (or sale of property) to the date of tribunal + 14 days for the CSA to pay you in cleaered funds. This calculated the number of days betwen two dates: http://www.timeanddate.com/date/duration.html

kwaks

You say the Inhibition order was for 7k, unless the equity released from the sale was in excess of 14k then the CSA should not have taken the full amount, the Inhibition Order is against you alone and your "share" of the equity. It would not be taken from your wifes "share".

CSA_Help

kwaks wrote: »

You say the Inhibition order was for 7k, unless the equity released from the sale was in excess of 14k then the CSA should not have taken the full amount, the Inhibition Order is against you alone and your "share" of the equity. It would not be taken from your wifes "share".

The equity was used as a deposit for our other house and the equity was over 14k

But as my wife is joint mortgagee her half of the profit got wiped and we had to borrow extra at the last minute .As i had paid 2.5K of the LO of 9600 it was approx £7200 that went to them The lawyer got the inhibition taken off and paid the CSA to lift it .Should i go back to them for my wifes 1/2 of the share

CSA_Help

CSA_Help wrote: »

The equity was used as a deposit for our other house and the equity was over 14k

But as my wife is joint mortgagee her half of the profit got wiped and we had to borrow extra at the last minute .As i had paid 2.5K of the LO of 9600 it was approx £7200 that went to them The lawyer got the inhibition taken off and paid the CSA to lift it .Should i go back to them for my wifes 1/2 of the share

Sorry can i add into this that in a MEF form prior to the inhibition i have put down that i had 25% share of the property and my wife had 75 % .Would this make a difference of what they should have taken .

There was no need for them to have taking an inhibition as i was paying regular maintenance + arrears and the additional debt alleged was the CSA taking the word of a greedy cow

bdt1

Dunno, but suspect the should have only taken 25% of any profit made if you have legal documentation to back this share

LizzieS_2

CSA_Help wrote: »

Sorry can i add into this that in a MEF form prior to the inhibition i have put down that i had 25% share of the property and my wife had 75 % .Would this make a difference of what they should have taken .

There was no need for them to have taking an inhibition as i was paying regular maintenance + arrears and the additional debt alleged was the CSA taking the word of a greedy cow

An inhibition order simply prevents the sale going through without the creditors agreement.

The order could be lifted without the full amount being paid, but in that instance the creditor would be looking to put a new inhibition order on your next property for the remaining amount due. Of course if you were downgrading, it is possible the csa would have agreed to take just your part of the equity and put another order on your new home. It wouldn't necessarily be in your interests as the costs of processing the paperwork could well be entirely yours, ie you end up paying more.

If you purchased a more expensive property then it is far more complicated - on the one hand you can afford to pay a bigger mortgage and on the other are saying you cannot afford to pay the csa. The csa could in this situation block the sale if they can show you are unreasonably with-holding money. What would really happen depends upon whehter a judge would rule your needs are greater and are needs as opposed to luxury choice.

In a nutshell, yes the csa can only take your share of the equity, but it could be in your own interests to just pay the lot or risk the sale being blocked.

Above is the basic principles, I've not addressed the amount also being wrong.

CSA_Help

LizzieS wrote: »

An inhibition order simply prevents the sale going through without the creditors agreement.

The order could be lifted without the full amount being paid, but in that instance the creditor would be looking to put a new inhibition order on your next property for the remaining amount due. Of course if you were downgrading, it is possible the csa would have agreed to take just your part of the equity and put another order on your new home. It wouldn't necessarily be in your interests as the costs of processing the paperwork could well be entirely yours, ie you end up paying more.

If you purchased a more expensive property then it is far more complicated - on the one hand you can afford to pay a bigger mortgage and on the other are saying you cannot afford to pay the csa. The csa could in this situation block the sale if they can show you are unreasonably with-holding money. What would really happen depends upon whehter a judge would rule your needs are greater and are needs as opposed to luxury choice.

In a nutshell, yes the csa can only take your share of the equity, but it could be in your own interests to just pay the lot or risk the sale being blocked.

Above is the basic principles, I've not addressed the amount also being wrong.

This happened 3 years ago past .It was the actions of a 2 faced officer at the CSA .I just had am l/o for 9600 then one for 1875 (which was total fabrication) so they salpped an Inhibition on the house even though i was paying reg maintenance +arrears

Recent complaint agianst her didn't get upheld .I will get her though