Possible forced sale sale of apartment!

I'd say that this will have been going for some time, too. That amount of money owing and the fact that they are prepared to go to court doesn't speak of something that's happened overnight.

We had to take someone to court for non payment of service charges once. No-one wanted to do it but he, wilfully, refused to pay. In the end, there was a charge put on his house. He moved fairly soon after so we did get the money owed.

The thought of taking someone's house away is a complete anathema to me. I just don't think I could do it. But, all the other residents were, in effect, paying for his service charges and were very much up in arms. To be fair, he was also a nuisance and broke gates etc.

The others are right. You and your mum have to deal with this now. Eddddy is, as usual, spot on.

ETA.

As a first step engage with the council. In my experience debtors often don't do this and silence makes creditors wary. If nothing else, it might just buy you some time, if they think someone is, actually, trying to resolve the situation.

Absolutely engage with the council. Even just telling them that someone else is aware of the problem and looking at how they can solve it may be enough to get them to delay their action. The council would rather not take your mother to court, but they need to collect the arrears (I imagine it's even a legal obligation for them to collect the arrears)



Best case you and the council can agree a payment plan that will clear the arrears. If you do that, make sure you stick to it. What are you expecting to earn as a graduate? £12k is a lot if you're only earning say £20k per year. What happens if the graduate role falls through? Will this be a gift to your mother? Make sure you both understand if you expect the money to be repaid (even if only in the event of her death).


More likely, you'll realise that between you you cannot afford the arrears and on going costs of this property. Can either of you increase your income? Check if there are any benefits either of you could be claiming (this site is a great place to start, also try your local Citizens Advice Bureau).



If you still can't afford it, you'll need to sell it and find somewhere cheaper. If you can show that the flat is on the market the council may be willing to pause the court action.



Do not allow the lease to be forfeit (see posts above).



Whatever you do, keep communicating with the council, and respect any dates/deadlines they give you.

Stuckinmud wrote: »

Now once I secure the docs this week I will be calling the council & co to attach myself to any payment plan thats currently live right now.

Are you sure that is a wise move? A legal connection to the debt will screw your own credit rating which could take years to recover.


I'm not saying don't help, but be careful the way you go about it.

Quick question. What is your mum doing to clear her debt?

Is she working? Taking on a 2nd job? Making any payments?

Or is she burying her head in the sand? I ask because of the latter then nothing will change.

Does she have other debts she isn't paying? Just bear in mind that whilst what you are doing is very kind, your giving up your own life and she too needs to be making the effort

Stuckinmud wrote: »

I plan on taking over the management of this property in September. I can't do so now as I'm abroad completing an internship/I'm not liquid. I will be starting a graduate role in September and I will be using my salary to settle the liabilities on this apartment.

If you plan on taking over this flat, then the £12k needs paying NOW.

Clearly your mum has been burying her head in the sand and this has perhaps got quite far down the line.

Either borrow the £12k and pay it for her, or organise for the flat to be sold.