Court order to force house sale query

ivebeenknocked

Hi,

sorry for jumping onto somebody else's thread but this site isn't very clear and I can't see where I can start a new thread.
Anyway my question is this, is being granted an order for sale really as rare as you say it is? I am owed over £40,000 and I'm applying for a CO and after that I plan to get an order for sale as I'm not in the mood to wait for my money until the debtor sells their property....

fatbelly

There's some objective info here.

http://www.justice.gov.uk/consultations/docs/orders-for-sale.pdf

Around 10,000 charging orders per month but orders for sale? 40-50. When you consider that some of these will be second homes, the chance of getting an order for sale against a family home is really slim

Ids61

ivebeenknocked wrote: »

Hi,

sorry for jumping onto somebody else's thread but this site isn't very clear and I can't see where I can start a new thread.
Anyway my question is this, is being granted an order for sale really as rare as you say it is? I am owed over £40,000 and I'm applying for a CO and after that I plan to get an order for sale as I'm not in the mood to wait for my money until the debtor sells their property....

I'm sure, someone will point you to exactly how to post a new thread, until anyone knows the exact circumstances it's difficult to advise.
Most c/o are for consumer debt initially described as "unsecured"
Wrong IMO to then use the courts to intimidate then turn these debts into"secured".DCA ,s use them as a matter of course, to extract a increase in payments & try to guarantee payments. This is with no regard to individual circumstances.
Orders for sale are rarely granted.
40k is a large amount,but for a DJ to agree to an OFS a number of factors need to be taken into account. If it's a family home with children,
Highly unlikely. The court decides at the end of the day.

ivebeenknocked

Hi,

I'm wondering then why do judges even bother to grant COs if the chances for the creditor to get an OFS are so slim. I can understand a high street bank agreeing to wait for their money but I'm 40k out of pocket and I cannot think of a suitable instalment plan where I'll get my money back before I'm old and grey. The debtor offered to pay me £1.50 a month which basically means that they dont want to pay me back, period. I worked it out it would take me approximately 2300 years to get my money back, the debtor is the sole owner of property and has no dependents and I'm 95% certain that they have enough equity in the property.

dancingfairy

There is a big difference in my opinion between people that take out loans from the high street and then can't afford to pay them back and other cases. Clearly the banks weren't always as stringent in their loan criteria as they should have been/might have been and it's not like the big banks can't wait to get their money back. Also I think society would have a huge problem with many 'unsecured loans' effectively being turned into something secured on the house and then vast sections of the country being made homeless.
As an individual you appear to be in a different situation entirely. Have you read and studied all the options available to you in enforcing a judgement? there is a leaflet that should be available at your local courts or on the HMCS website as well.
Whether you can go for another option now you have secured the charging order I don't know and this is what you need to find out first.
Perhaps another approach might have worked better - an order to attend court for questioning in order to ascertain assets for bailiffs/ to gather details of bank accounts etc that you could put an order on? perhaps you could have gone for an attachment of earnings? Without knowing the full details it's difficult to say.
Firstly you need to find out whether you can still go for other enforcement routes. You then need to decide whether to persue a different strategy or whether it is worthwhile trying to go for a forced sale given a) your financial situation and b) the domestic situation of the debtor.
Best of Luck
df

dancingfairy

Oh given the sums involed an option might be to persue a winding up order/personal bankruptcy which err may concentrate their mind a bit which depending on the equity in their house may result in it being sold. Obviously it depends on what other debts they have though - I'm not sure whether a charging order would take precedence over any tax debts for example.
df

Trollfever

A Statutory Demand does indicate that you are serious about collecting monies owed.

ivebeenknocked

Hi

yes I'm very serious about collecting the monies owed, the debtor is under the impression that as long as they make me some kind of offer, then there is nothing I can do and that I am obliged to accept their offer. The debtor has written to the court telling them that they are broke blah blah blah and outlining their other debts which are all credit cards in the region of £2500 which make my debt easily the highest. They have stated that they pay off the credit cards at £5.50 etc a month and that I should be grateful to receive the £1.50 that is on offer. When I received the letter from the court, I actually thought it was a joke and assumed that the court had made a 'mistake' and had forgotten to put a couple of zeros after the numer one. I think though it is actually a good thing because now the judge can see from the debtors derisory 'offer' that they have absolutely no intention of paying up. I'm still in the process of applying for the CO so we'll see what the debtor does next after that.

Ids61

Please post your,own thread.
IMO the vast majority of Charching orders are WRONG!!
In your case, who can tell. Unless the circumstances of the debt are made apparent,how can anyone give definite opinions.
40k on a personl basis indeed , but I feel uncomfortable on anyone seeking a OFS.

ivebeenknocked

This IS my own thread.........

Ids61

ivebeenknocked wrote: »

This IS my own thread.........

It is now, sorry.Any further info?