Please advise - it's all gone SO wrong

lisawaters

WASHER wrote: »

The frontage is lovely.

Do you still have the hole in the roof?

Was the house meant to be completely finished by the builder i.e. bathrooms/kitchen fitted etc.

I maxed the plastic and bought a roof and boiler and the basic wiring. Then the bank rang me up... and that's when the trouble began!

The quotation included everything through to towel rails. In the end I'd have settled for windows in the holes.

How does he sleep at night? A damn sight better than I do probably!

Poosmate

Hi Mike, sorry nothing new to add here I'm afraid.

Re: Willow's post - I want to be lucky!!

No!

I AM lucky!

I have a roof over my head, food in my belly, a wonderful family, a job and my health. I have loved and been loved, I care about people and I know I am cared about too. I have a little cat who loves me unconditionally (as long as I have food) and she has a servant (that would be me then....) who feeds her and loves her unconditionally (she's destroyed my settee, had to get another one!, scratched paintwork and ruined woodwork, scratched holes in carpets) - yep she's loved unconditionally! lol

I am SOOOO LUCKY!

Poo

P.S. I bought a lottery ticket for the Euromillions tonight because a colleague bought my lunch because I went to get his! <--- See, the theory works! I have seen an opportunity and didn't even realise it till I read Willow's post!

I am lucky!

Good night all and take care

Poo

lisawaters

Poosmate wrote: »

Hi Mike, sorry nothing new to add here I'm afraid.

Re: Willow's post - I want to be lucky!!

No!

I AM lucky!

I have a roof over my head, food in my belly, a wonderful family, a job and my health. I have loved and been loved, I care about people and I know I am cared about too. I have a little cat who loves me unconditionally (as long as I have food) and she has a servant (that would be me then....) who feeds her and loves her unconditionally (she's destroyed my settee, had to get another one!, scratched paintwork and ruined woodwork, scratched holes in carpets) - yep she's loved unconditionally! lol

I am SOOOO LUCKY!

Poo

P.S. I bought a lottery ticket for the Euromillions tonight because a colleague bought my lunch because I went to get his! <--- See, the theory works! I have seen an opportunity and didn't even realise it till I read Willow's post!

I am lucky!

Good night all and take care

Poo

We're all lucky to be living in this part of the world with our freedom. I read that if you have a jar with some coins in you are amongst the wealthiest three per cent of people in the world. About time I took mine down to that machine in Tesco then! (What a rip-off that's become lately - they're pushing 10 per cent take just for counting it).

Good luck in the draw and remember your old pal and mucker mate Mike if it's yoo-hoo...

WASHER

My son has a coin counter money jar,I think it cost him £3 to buy from a cheapy shop, would it not be cheaper to buy one rather than give Mr T's 10% for counting it. Your bank can give you money bags FOC. Or do Tesco actually change the coins into cash as well?

lisawaters

A Creditor’s Application for a Possession Order
If a creditor wishes to enforce a charging order through a sale of the property, he will have to start a new case. Unlike an application for a charging order, the creditor will now have to convince the court that it is reasonable to force a sale of the property.


In an application for an order forcing the sale of a debtor’s property the creditor has to provide evidence containing specific items of information. These include details of the original charging order, the amount of the debt that remains unpaid, details of any others who have an interest in the property, an estimated value of the property and the value of any existing mortgages already registered against it.

If the debt exceeds £30,000 the application will be started in the High Court.

Jointly Owned Properties
Where a property is jointly owned, both the debtor and any co-owners will be named as defendants, giving joint owners a greater involvement in the case. The claim form and evidence in support will be served on all defendants who will have the opportunity to respond to the application. THAT SOUNDS OK TO ME

The Courts’ Approach to Applications to Force a Sale
Whilst a charging order may be obtained almost as of right, the courts take a far more serious view of applications to force a sale. Forcing someone to sell the property is a serious step and the court will take a number of factors into account. Including:

The size of the debt
The debtor’s approach to the debt – an order is more likely to be made if the debtor has failed to make any attempt to re-pay or settle the debt SUBJECTIVE BUT I THINK IT'S BIG ENOUGH. THE OLD BILL SAID IF HE HAS SAID HE INTENDS TO PAY OR AS IN THIS CASE HE'S PRODUCED A WRITTEN NOTE SAYING AT WHAT RATE HE WILL PAY IT OFF IN INSTALMENTS - EVEN THOUGH HE SUBSEQUENTLY PAID NOTHING AND MAY HAVE NEVER INTENDED TO - THAT CAN BE USED AS EVIDENCE BY HIM THAT HE INTENDED TO PAY ME AND THE CASE COULD THEN BE THROWN OUT

Whether the debt will be re-paid from the sale proceeds – if there is little or no equity in the property the court may conclude that to order its sale would be pointless LOADS OF EQUITY

Whether the property is the debtor’s home – the court may be more willing to grant an order for sale in respect of an investment property than of the debtor’s main residence DOESN'T APPLY

If the property is jointly owned with someone who is not a debtor under the original judgment, the court has a wide power to consider the welfare of the joint owner and any children living in the property FAIR ENOUGH THAT'S THE CHALLENGE

The Possible Outcomes of an Application to Force the Sale of a Property
A creditor will usually ask for an order that obliges the debtor to leave the property within 28 days so that it can be sold by the creditor. The order would also state that, from the sale proceeds, the creditor must first re-pay any other interested parties – such as those with a mortgage on the property and any joint owners - before the creditor is re-paid from the debtor’s share of the sale proceeds. OH GOODY

The court may consider it appropriate to make a suspended order allowing the debtor to stay in the property provided that regular payments are made towards the debt. Alternatively the court could give the debtor longer than 28 days to vacate the property, giving him the opportunity to sell or re-mortgage. NOT GOODY AT ALL - BACK TO HIM PAYING ME 12P A YEAR

If the court is not satisfied that a possession order should be made it could dismiss the application or simply adjourn it indefinitely, perhaps on condition that certain monthly payments are made towards the judgment debt. SEE PREVIOUS PARAGRAPH

Not a walk in the park then, but it sounds more hopeful to me. Doesn't mention the Tenants in Common ownership problem though

Any thoughts, m'learned peeps?

niccatw

Not knowing anything about the ins and outs of such legalities, I couldn't really say. But it seem like you're gonna have one helluva fight on your hands - but I know you know that already. And that you're well up for it .

Still seems mightily unfair to me though!

lisawaters

niccatw wrote: »

Not knowing anything about the ins and outs of such legalities, I couldn't really say. But it seem like you're gonna have one helluva fight on your hands - but I know you know that already. And that you're well up for it .

Still seems mightily unfair to me though!

Me too.

I sent him a text yesterday asking him for his VAT number, receipts for what I paid him, and a breakdown of VAT charges. Well, he turns over more than a hundred grand a year so he must be registered.

He wouldn't tell me either way.

So I told him not to worry and that I would ring the Revenue and Customs people today. They were very helpful. And very interested.

So as another week ends, I'm still waiting for a response from the court about what I can apply for at one time, I need some information from my legal helpline people, and one or two other bits. Then next week I should be able to apply for the force of sale. I'm going to tell the court the builder's wife is involved up to her oxsters, just in case there's any shenanigans from her.

I hope this isn't getting boring...!

Oooh, yes, and the BBC say they'll be here Wednesday morning to film a segment for a consumer programme about CCJs. And in the afternoon I have the benefit tribunal. Should be a busy week. I hope it's a good one.

miggy

You lead an interesting life :T:T:T
Wishing you all the best with all these things - and thanks for the pictures, they are great evidence aren't they.
Off to watch a programme on blacksmiths, wishing it was about roof repairs. Ours has begun to succumb to the rain so you can take comfort in the fact your house is probably drier than ours, LOL.

miggy

P.S. Did you get a reply from the wife? Have I missed something?

SouthernBellE*

lisawaters wrote: »

Me too.

I sent him a text yesterday asking him for his VAT number, receipts for what I paid him, and a breakdown of VAT charges. Well, he turns over more than a hundred grand a year so he must be registered.

He wouldn't tell me either way.


So I told him not to worry and that I would ring the Revenue and Customs people today. They were very helpful. And very interested.

So as another week ends, I'm still waiting for a response from the court about what I can apply for at one time, I need some information from my legal helpline people, and one or two other bits. Then next week I should be able to apply for the force of sale. I'm going to tell the court the builder's wife is involved up to her oxsters, just in case there's any shenanigans from her.

I hope this isn't getting boring...!

Oooh, yes, and the BBC say they'll be here Wednesday morning to film a segment for a consumer programme about CCJs. And in the afternoon I have the benefit tribunal. Should be a busy week. I hope it's a good one.

When did all this happen? Trying to scan through to see what I've missed & it looks as though things are moving forward.....AT LAST. Well done Mike, you've put your heart & soul into this fight (not to mention your health & finances!)

Give us details of when your story will be on the telly, (normally the only programme I think I might know someone is Crimewatch:rotfl:).

Hope you've remembered to gather all your evidence & doctors letter etc for your tribunal too. Good luck with that too.

Everything always comes at once with you doesn't it!! Just try not to get too stressed out over the next few days, been in limbo for ages now & you're finally getting your chance to have your say.

Wishing you the very best outcome with all of it!