Showing results for tags 'order for sale'.
-
Hi there, I have a CCJ obtained in April 2011 for a business debt which the bank pursued me for personally under a personal guarantee and successfully obtained a CCJ. It was a 'pay now' order at the time. I have entered into various arrangements with the bank to pay instalments (they discouraged me going back to the courts to make this formal). I realise now that this was a mistake as I had very little income (in fact I borrowed the money from family etc to meet the payments as they regularly threatened to make be bankrupt), it is likely the courts would have been a bit less harsh than the bank. It's a very large debt. In 2016 the bank obtained a charging order against my property - I jointly own it with my husband. They have now written to me to say if I do not put the property up for sale for an amount they have suggested (which is well below the market value for the property) they will seek an order for sale without any further notice. My question is, is it too late to ask the courts to vary the order to accept an instalment plan. Is it worth trying to reason with the bank (or their lawyers) that putting the property up for sale for below market value is really not a great idea. Or have you any other suggestions. I do know that should I successfully sell the property, as it's jointly held property, they have only managed to register a restriction, so are not automatically entitled to by paid out of the proceeds. Does this restriction as opposed to a full charging order have any bearing on an order for sale? And finally are there any lawyers who are up to speed on this kind of thing as I don't mind paying for legal advice if I need to. Many thanks.
-
I had tills on lease purchase - put in lump deposit towards finance and then paid monthly. it was a 3 year deal, but unfortunately recession hit and i stopped paying, so only about 1yr in. initially they chased for cash and repossession of tills - havent got a problem with that but was reluctant to give back asset until a written agreement reached. meanwhile they have now served court papers going for a CCJ to recoup monies. but no mention of actual asset. MY QUERY is this... ... if they win CCJ [which to be honest is the least of my financial worries at the moment and my credit is shot to hell anyway; but I will put in an I&E to show difficulties with repaying to request a pay plan] are they still entitled to the asset? they do not mention it at all in their CCJ - do they waive their rights by doing the CCJ and not referring to the asset. selling the asset will not repay the whole debt. thank for any help.
- 31 replies
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...
IPS spam blocked by CleanTalk.