Haven’t heard from then since.

I thought it might have had some bearing. I’m actually completely gutted. Bit of a rubbish month to be chucked out too. Really feel this is the straw that’s breaking the camels back. Sick of fighting .....

Only that it was not in his remit and if I had a separate claim regarding that then maybe I could purchase another property in the future.

Our mortgage is with a different bank to the claimant. I understand we will have to continue to pay the mortgage, otherwise we risk getting a bad credit rating, which I have only just recovered from after many years.

I did apply to vary the judgement, but after they applied for the order for sale. The creditor objected and the court decided to let it all be handled at the order for sale hearing. I don't believe there is anything further I can do? It looks like we will have a month to get out. December is not a great month to have to leave. Also, do we continue to pay the mortgage whilst they try to sell it?

The initial judgement was for £116K, I have paid £20K off over the past 6 years. With costs etc. It now stands at £102K.

So ... it is the option you have highlighted in bold, debt in my name, property in joint names. The debt is more than £1000. The judgement was a forthwith judgement, despite my paying instalments to the creditor over the years, they were not on a formal footing (i.e. not ordered by the court). therefore the judge deemed that payments were in arrears as the only way to bring them up to date was to pay the entire amount. It was also deemed that due to the size of the debt I had no realistic chance of paying it full anytime soon, so they issued an order for sale.

The bank applied for a charging order, which the courts granted. Because the property is jointly owned, it was recorded as a restriction at land registry. They then applied for an order for sale, which they have now obtained, so they will force a sale of the property.

Apparently even if it is only recorded as a restriction at land registry - It is still a charging order and they are entitled to obtain an order for sale, but they can only take what's owed to them from my share of the proceeds.

Just to update this post - the bank were successful in obtaining an order for sale.

£140k

Sadly, they are no longer happy to have a payment arrangement, they have demanded I re-pay the full amount. Hence the escalation in proceedings. They have, in reasonably quick succession, applied for both the charging order and now the order for sale. It's possible, therefore, I will need to defend the order for sale. Also, as we were forced to move away from the area for work purposes, we now no longer live at the property. We rent elsewhere, and rent out the property to cover the mortgage as we couldn't afford to pay a mortgage and rent. I won't even have the defence of 'we're living in it'.

Well technically it is in arrears right now, as the judgement was a forthwith judgment. Also, doesn't the bank have to agree to the variation? If they disagree with it, or if the order of sale hearing date is before the variation hearing date, the Order for Sale may be granted. Yes?

Thanks Andy, I've submitted an application to vary the judgement. They have already put in the order sale, expect that to come through first. Just wondering, if we actually put the house up for sale ourselves, what will happen to the order for sale?

One final thing - if we have already put the property on the market for sale, what happens if the bank apply for an order to sell?