Please advise - it's all gone SO wrong

Happytogetdebtfree

"Trading Standards aren't interested. It's under £5,000, it's a one-off by the builder as far as they know, and it's a matter for a judge. In fact no-one seems interested."
this is what has confused me ?? i dont know if he owes you less than 5 k or theres been a mistype ?

lisawaters

Happytogetdebtfree wrote: »

"Trading Standards aren't interested. It's under £5,000, it's a one-off by the builder as far as they know, and it's a matter for a judge. In fact no-one seems interested."
this is what has confused me ?? i dont know if he owes you less than 5 k or theres been a mistype ?

Sorry - it's what IT people call a PICNIC - Problem In Chair Not In Computer. I think I mean they will deal with it only if the debt's under £5k. Mine, sadly, isn't.

Also called the police and made out I hadn't taken him to court. They said it's a civil matter and I should take him to court.

Excuse me a moment - AAAAAAAAAAAAAAAAAAAAaaaaaaaaaaaaaaaaaaarrrrrrrrrrggggggggggggghhhhhhhhhhhhh!

Thank you. Better now.

I think I'm going to be asking everyone to send an e-mail about this to someone soon, just can't think who yet... A sort of FlashMob? My MP? The county court?

redlady_1

Just a quick thought, if you put this much effort into learning DIY then perhaps you would have the house done in a jiffy??!

This seems to be all consuming and yes, it would seriously wind me up were I in your situation BUT there has to come a point whereby you say enough is enough.

You really have got to let this whole unfair thing go. It's not doing you any good at all on a mental level. A lesson, an expensive one but a lesson nonetheless.

Karma will have its day eventually.

lisawaters

redlady_1 wrote: »

Just a quick thought, if you put this much effort into learning DIY then perhaps you would have the house done in a jiffy??!

This seems to be all consuming and yes, it would seriously wind me up were I in your situation BUT there has to come a point whereby you say enough is enough.

You really have got to let this whole unfair thing go. It's not doing you any good at all on a mental level. A lesson, an expensive one but a lesson nonetheless.

Karma will have its day eventually.

Interesting point, but I disagree.

Toni_Broke

mmm bigger person than me then redlady! Turn the other cheek - i dont think so somehow. Carry on the fight Mike
Toni

zarazara

((((((((((((((((((hugs)))))))))))))))))))

niccatw

Hey Mike

How are you feeling today? You know we'll email en mass any-one who might be able to help you out.

Take care. Big squashy hugs and hob nobs for you!

MyLastFiver

Mike,

In my opinion, the advice about DIY is a fair point. If I've read correctly, then you're currently unemployed so you have the time. You have a broadband connection so you have access to plenty of guides, help and advice.

OK if you're a beginner than it may seem daunting but honestly - a lot of it is easy once you've read up a little bit. Get a spirit level and a tape measure, take your time and you won't go far wrong. Plumbing these days is basically like Lego with push/fit pipework, corner joints etc. Electrics is simple if you follow wiring diagrams carefully and did a bit of physics at school. OK you may end up with a sub-professional finish in places (stuff like plastering takes practice) but it will be better than what was there before

Plus the pride you take in your work will help take you out of yourself a bit.

I'm not suggesting you give up the fight for your money, but in the mean time you could do something about your half-finished house. I reckon you would feel better for it.

Also you may want to look at it like this: The twenty-odd grand this guy took from you is a lot of money, but in the context of total lifetime earnings it is relatively minor, although when you're a bit short of cash it may not seem like it.

Oh and I would definitely get onto HMRC about his tax affairs. It may not get you your money back but it might give him a taste of his own medicine.

Poosmate

Hi Mike, please don't get too downhearted.

Pick yourself up because I'm having a cunning plan!

This webpage was recommended to you in a previous post so I went off to read some of it, I read the bit where the page opened as well as the bit the other poster suggested (Can The Creditor Sell My Home?). I read this bit:-

The house is in joint names but the debt is in my name

If the debt is in your sole name, but you own the house in joint names with someone else, they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made. They should have been sent a copy of the interim charging order and given an opportunity to go to the hearing to put their points. For example:

• Who paid for the deposit to buy the home?
• Who has made the mortgage payments since?
• If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
• The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

If a charging order is made by the court, then it will only apply to your share of the property.

As I've been keeping up with the ongoings here something has been niggling away at the back of my mind.

Read it and read it again. Realise that it's written with the interests of the debtor in mind.

I wonder if a Court would allow your children to live in the conditions this builder has left you in? Would it be possible for your kids to move in with you even just for a very short time or on a very part time basis (I could mean virtually rather than realy) , whilst you take the scumbag back to Court to get that enforced sale? A couple of campbeds and a chest of drawers with some of your kids clothes in - photos of sad faces to give to the judge etc.

Read the webpage again - they talk about living conditions of the children of the debtor (if there are any), of the affect a forced sale will have on the rest of the family - but WHAT ABOUT YOUR FAMILY!??!!

Here's the link to the page again so you don't have to trawl through the thread again:

http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php#5

What does anyone else think? Worth another crack at the Courts? Thoughts on proof needed that kids live there part time?

Hope that helps.

Poo

Poosmate

The house is in joint names but the debt is in my name

If the debt is in your sole name, but you own the house in joint names with someone else (the wife), they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made. The wife must be aware of his actions then. They should have been sent a copy of the interim charging order (unless he got the papers sent to her and fudged them) and given an opportunity to go to the hearing to put their points. For example:

• Who paid for the deposit to buy the home?
• Who has made the mortgage payments since?
• If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
• The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

If a charging order is made by the court, then it will only apply to your share of the property.

Just highlighted and bolded some of the bits I think may be important and added my comments in red.

Poo