Please advise - it's all gone SO wrong

Poosmate

Good advice about getting in touch with HMRC but I'd do that after you get your money back. HMRC trump any other creditor so don't checkmate the king just yet!

Poo

WASHER

Good point Poosmate re: HMRC

Excellent idea too about getting the children to move in albeit short term.

Mike, do your children have any health issues? Asthma etc.

Mike, don't be offended by the mention of DIY post etc, they are trying to help, they are not calling you lazy, we don't do that on the DFW board, you are amongst friends here, alot of the posters on your thread are getting as frustrated as you, the law is an !!!, but all the peeps together will try and help.

MyLastFiver

Jesus Christ! :eek::eek::eek:

Well, good luck mate.

Poosmate

That was a bit uncalled for Mike.

No, we don't know the full extent of your predicament but the help and support has been here in leaps and bounds.

Sorry if my idea of yet another Court case offended, I, like many, was only trying to help.

Sorry and good luck to you.

Bye

Poo

MyLastFiver

Poosmate wrote: »

That was a bit uncalled for Mike.

No, we don't know the full extent of your predicament but the help and support has been here in leaps and bounds.

Sorry if my idea of yet another Court case offended, I, like many, was only trying to help.

Sorry and good luck to you.

Bye

Poo

Don't worry - let the man have a rant. He's entitled. I would write a counter-post about how he could see and deal with his predicament differently but I don't think he wants to hear it

lisawaters

Poosmate wrote: »

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

Excellent idea Poo! I'll work on it. Thanks for the link too.

x

lisawaters

Poosmate wrote: »

Good advice about getting in touch with HMRC but I'd do that after you get your money back. HMRC trump any other creditor so don't checkmate the king just yet!

Poo

Good point. I know if I start grassing him up the solids will really hit the fan. I don't want to be done for harassment either. Good point. I'll keep my powder dry!

x

lisawaters

WASHER wrote: »

Good point Poosmate re: HMRC

Excellent idea too about getting the children to move in albeit short term.

Mike, do your children have any health issues? Asthma etc.

Mike, don't be offended by the mention of DIY post etc, they are trying to help, they are not calling you lazy, we don't do that on the DFW board, you are amongst friends here, alot of the posters on your thread are getting as frustrated as you, the law is an !!!, but all the peeps together will try and help.

One has asthma very badly and the plaster dust sets it off even at weekends. Also it's cold and very damp. The summer was OK.

And I know I kicked off a bit but depressed people often interpret comments as personal attacks.

Also I have been feeling really tense today and got a lovely PM from someone and it just opened the floodgates and I'm sitting here sobbing - not from pity but frustration. You have no idea how much these nice simple support comments mean. Or maybe you do. Note to self, don't react to posts too quickly.

Sorry.

lisawaters

MyLastFiver wrote: »

Jesus Christ! :eek::eek::eek:

Well, good luck mate.

Sorry, been a bad day.

MyLastFiver

No problem at all. Genuinely, good luck.