order for sale court date!!!!! advice please

LannieDuck

That helps a lot, thanks penjohn. I'm afraid I can't help with specific process on the day, but would be interested to hear how it turns out for you.

I agree it seems very odd that you were originally told no monies are owing, and that they've now declined monthly payments.

kevin137

Do you actually read what people write...???

If the amount is in dispute the LO is not worth anything anyway...!!!

And while on the subject of money owed, who exactly is taking you to court...??? The PWC or the CSA...???

If it is the CSA, then what the hell has the PWC got to do with not accepting any payments... SHE does not get a choice... If you offer payment on arrears and the CSA take it, then SHE has to accept it...!!!

And as asked previously...

Do you still have the money you offered for the arrears...??? Offering and paying are 2 totally different things, so if you offered and didn't pay then you should of put the money aside for just this scenario, and guess what, the judge would NEVER grant an order of sale if you could pay on the spot the arrears at the rate you tried before...!!!

Also, i know this may complicate things, but why not just move the property into your name solely, then they cannot take it...!!!

Marisco

kevin137 wrote: »

Also, i know this may complicate things, but why not just move the property into your name solely, then they cannot take it...!!!

I was thinking the same thing Kev, but would it be classes as deprivation of assets though? Anyone who is with an NRP would be better off doing this at the beginning, and it would then stop the home being at risk.

lindsaygalaxy

How much are the arrears? I am guessing a fair amount if they have refused installments. If the letter from 2001 clearly states no money oweing I would say you have some hole. Though if previous letters stated arrears then they may be able to use that but admit a clerical error. How I'd the arrears build up to such an amount? did The ex partner go back to the csa after 6 months because of non-payment of maintanance?

clearingout

Marisco wrote: »

I was thinking the same thing Kev, but would it be classes as deprivation of assets though? Anyone who is with an NRP would be better off doing this at the beginning, and it would then stop the home being at risk.

I would assume, if the CSA are seeking an Order of Sale, that they have first secured the debt against the house with Charging Orders. I think (not entirely sure) that if there is then a change in ownership of the property, it would be necessary to pay off the Charges to do this - same as if you sold the property, the mortgage gets paid off, then any Charges against the house, then any profit after that is yours. Transferring the house into one person's name would, I think, be a technical change of ownership so the same applies.

HoneyNutLoop

Marisco wrote: »

I was thinking the same thing Kev, but would it be classes as deprivation of assets though? Anyone who is with an NRP would be better off doing this at the beginning, and it would then stop the home being at risk.

In addition to what Clearingout said the CSA have the power to apply to the high court of appeal (think that's the right court) to ask for an order preventing the disposal of an asset in this way or if it's already happened, an order to reverse the transaction. So this advice at this stage won't help the op.

Marisco

clearingout wrote: »

I would assume, if the CSA are seeking an Order of Sale, that they have first secured the debt against the house with Charging Orders. I think (not entirely sure) that if there is then a change in ownership of the property, it would be necessary to pay off the Charges to do this - same as if you sold the property, the mortgage gets paid off, then any Charges against the house, then any profit after that is yours. Transferring the house into one person's name would, I think, be a technical change of ownership so the same applies.

HoneyNutLoop wrote: »

In addition to what Clearingout said the CSA have the power to apply to the high court of appeal (think that's the right court) to ask for an order preventing the disposal of an asset in this way or if it's already happened, an order to reverse the transaction. So this advice at this stage won't help the op.

Which is why I said it would be better done, when the NRP and NRPP first meet (well, when they get serious and move in together) Of course if the problem is there from when they get together, then as you say nothing can be done. But if everything is going well with the PWC, then it could be done in anticipation if you like, of any problems down the line.

HoneyNutLoop

They could, but it brings its own problems. For example, if they split up and weren't married at any time, the person would then have lost the house anyway. It's a big risk to take.

There's a story around my town (no clue if it's true) about the owner of a local takeaway store. He wasn't paying his taxes, and to protect himself from losing his assets he transferred them into his girlfriend's name. He got caught, was arrested and served time (it was a lot of tax evasion, so goes the story) and the girlfriend left him taking all his assets, as they were now legally her assets following the transfer.

shoe*diva79

If there is a mortgage on the property then it couldnt just be transferred anyway. The NRPP would have to apply for a mortage in their own name and if they were not working, or a low earner then they could be refused.

kevin137

I was being sarcastic, of course they can't change the property, but the OP and the NRP don't seem to of done anything else to make payment or save the offered payment, and now they wan't everyones help...

There is NO helping people that can not read what is written...!!!

So for the last time, i will ask...

YOU OFFERED PAYMENT... SO HAVE YOU STILL GOT THE OFFERED PAYMENT FROM TH EDATE YOU OFFERED IT OR ARE YOU GONNA LOOK LIKE STUPID ARROGANT IDIOTS WHEN YOU GET TO COURT AND LOSE YOUR HOUSE...???

I don't know how many times you have to be asked for it to sink in... I don't believe your stories, i think you are full of !!!! and now the !!!! is gonna hit the fan you finally realise what you have to lose... Good luck with that...