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2nd Charge Put On By Builder


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URGENT ADVICE REQUIRED

 

Hi..

This is a long story so I apologise ..

Me and the husband owned a property, it was a nice house however the garden was a ski slope. I hired a lanscape gardener to tier the garden, and deck it. On completion of this it was revealed that he had broken a covernant and the builder insisted we let them on the land to turn it back into what was a hillside (ie they filled it in)

 

After this we put the house up for sale and rent, of which we could do neither, the builders then proceeded to bill us for approx £5k. I took legal advice and a solicitor advised me to offer them a monthly payment, of which I did but we didnt keep up with the payment because we seperated and thought the debt would be dealt with on sale of the proeprty. The house got subsequently reposessed and the house was put up for auction, but it didnt sell so its now on the open market.

 

The builder put a charge against this property, but because it got reposessed they transferred the charge onto another house we owned on the estate :confused:

 

I thought this was foul play, anyway a lot has happened since then we got divorced and the absolute has just been granted, but to make matters worse my ex-husband suffered a nervous breakdown thru this and is currently recieving daily assistance from the crisis team. Im also suffering from depression. (Not suprising really)

 

We have moved back into the property that they have a charge against (Not the one that got repossesed) and we are making a go of it. However, I am concerned the builder can apply to force the sale.

We have two children under 5, and my now ex-husbands health is grim to say the least, I have written to the judge explaining our situation with proof of his condition along with reports from his consultant physciatrist.

 

What I want to know is, I have another 2 buy to let properties can the builders apply for charges on them also ??

 

I believe the Land Registry have put the charge on, but again the house they have put it against is in my maiden name and my husbands name, werehas the work took place at the marital home, ie my married name.

 

PLEASE PLEASE Can you help me, not only with the charge over our head, it will not be long before Nat West chase for the shortfall also on the marital home. Should I sell all my other assets even tho there in my maiden name ??

 

Any advice would be greatly appreciated, is there anything I can do ??

I am going to see the CAB, and am writing to the Judge again basically outlining the fact the builder have moved the charge from another house, plus the fact we are now divorced and my ex-husbands mental state. To add insult to injury, a guy two doors down from the marital home did exactly the same thing and he was left alone :???:

 

Thank-you

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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I'm not sure about this, but am "bumping" it up for to see if someone else can help.

 

Try not to worry too much (I know, I know) - you have come to the right place for advice.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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BUMP HELP:shock:

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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How are charges being applied without any defence from you in court?. and in answer to your question, if a creditor finds out you have more than one property it would be up to them which one they seek an CO on

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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Hi..

In terms of the interest on the debt, I hadnt filed a defence because all the post were going to the old address.

However, I have since filed a defence and also initiated a clean break order to protect my assets, and my decree absolute is now thru.

I have offered them a sum per month, later on the year I will come into a bit of money and have been advised by a solicitor to offer them 3.5k in full and final and get rid of the parasites. :mad:

 

More importantly my ex-husbands health is more important :)

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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