Yes we attached an I&E form to the offer letter. No we have been paying every month. We have not defaulted.

We wrote to them offering to pay £100 per month and they refused saying they wanted £1700/per month. We started paying what we could afford which is £100. There isn't an order from the judge to this effect.

Yes to both questions.

I received a bankruptcy petition for unpaid school fees on Saturday. The debt is from 2015. There is a charging order on our property. We have been paying £100 per month since Jan 2017. I have tried to contact step change for advice. They will be open tomorrow. In the interim I have a question. Can a creditor with a secured debt petition for bankruptcy?

Just left the Court. The matter has been adjourned for 28days. Will update when I get home.

http://www.consumeractiongroup.co.uk/forum/showthread.php?71725-Wescot-option-Order-for-sale-and-other-problems-HELPPPP!&p=5043999#post5043999 hello sequence, sorry the lantana to highjack your thread. is there case law or statute which supports a defence on the basis that someone living in the house is ill/disabled?

hi monkeymad, do you have the name of the Barclays Bank case that you mention in your thread? I have found this one Caselaw - Bank of Ireland Home mortgagesicon vs. Bell 2001 - This case established the circumstances in which an order for sale would be granted, even if it concerns a family home. The equity available on the property must be sufficient to pay off the judgment creditor and all other interested parties and still leave enough money to adequately rehouse the debtor and dependants.

The hearing was adjourned.

Yes - Harwood/Redwoods They used a copy of the title deeds from 2 years ago in their bundle. Judge adjourned to allow them to use a more recent record.

We have been paying £100 per month and they want £1700 per month. At the last order for sale hearing which was adjourned they said £100 does not even cover the interest hence why they want the order for sale.

Yes to both questions

Thanks. £18000 unpaid school fees

I have a charging order for an unpaid invoice. I have a hearing for an order for sale tomorrow. It is not with the mortgage lender. 1. There is no equity in the property 2. The mortgage lender has not been contacted - I spoke to them and they said if they had been contacted they would have objected because a sale would mean that the outstanding mortgage would not be paid. I asked them for a letter confirming this and they said that they can't provide it. 3. My tenant in the house is a 78 year old lady. Her health is not good and the council has spent money adapting the house to make her comfortable. I would like to keep the house as selling it now would mean I would end up owining the lender as well as the creditor. It would also make an elderly lady homeless. I am attending the hearing tomorrow and any help on my defence argument will be appreciated.

They want the extra £3000 which they are saying is interest (not solicitors fees). My question was if we pay the £4600 and they decide to pursue us for the remainder i.e. the interest due what is the process? You said they can litigate further in '#7 - what is that process?

The creditor has contacted us via their solicitors to say that the figure outstanding is £8000. We have just over half of that. We are thinking of writing to them with a full and final settlement offer of £4600. If they refuse we will still pay what we have. What is the process of recovering the interest through the courts? Will we have another hearing?