scarydays
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unknown Arrows/restons CCJ - Now N56 Statement of Means
scarydays replied to scarydays's topic in Financial Legal Issues
Haven’t heard from then since. -
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?
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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.
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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'.
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