Urgent Help Please ~ Court Tomorrow for Order for Sale

[smileychick123]

Hi

 

I really need some advice.

 

Tomorrow my husband and I have to go to court as my dad is taking us for an order for sale of our property.

 

History ~

 

In 2005 my dad had a stroke

 

We sold our home and his house was sold and we bought a house together so I could be his lifelong carer.

 

Dec 2006 he attacked my sister (who was visiting) with a knife and was removed by the police and an injunction and non-molestation order taken out to protect my children and so he couldn't be bailed back here.

 

Aug 2008 Went to court to confirm his interest in the property (his 44% ours 56%)

 

Dec 2008 He took us back to court to try and release money from his share. he wanted £25k now, another £25k in 5 years (from then) and the rest to be held in shares.

We agreed to this as we had an offer of remortgage on the table.

A week later the offer was withdrawn due to the housing market crash and our house losing value.

 

We wrote to his solicitor explaining the situation and that we were still attempting to remortgage and enclosed a letter from our mortgage adviser confirming what was being done.

We didn't hear anything from them.

 

6 months later we tried to remortgage again ~ same story so another letter sent to his solicitor to confirm we were still trying. Ignored again.

 

Jan 2010 Bailiffs turn up on our doorstep but we were out. They had come to seize assets to the value of £30k. They were from The Sheriffs Court in Croydon. (All court action had been in Milton Keynes) MK court not aware of bailiffs being instructed.

 

We contacted the solicitors and offered £100 a month until we could secure the remortgage. They said they would call us back. We called 3 more times in the same month as no answer to offer and they said they would contact us again.

 

3 weeks later we received papers from the court advising us that they were applying for the Order for Sale.

 

We have 5 children, have made 3 different offers (all ignored) and I have no idea what is likely to happen tomorrow.

 

I have written to the court detailing everything that we have attempted so far to avoid this action being taken.

 

Any advice on what to say/do in court?

 

Thanks in advance

[Mydogsawestie]

Hi smileychick123

I cannot really offer anything from a legal point of view only to give you my thoughts on reading around the forums & having gained knowledge that way in that it is rare for a judge to grant a sale order esp if there are children living there so hopefully a no sale order will be granted. Having written to the court to show the lengths you have gone to so far in trying to resolve this matter should also go in your favour maybe worth asking the judge if he/she could set an installment/consent order that you can make monthly payments to your dad in until the time is right for you to get the remortgage sorted. Showing willing should also go in your favour?

 

Obviously the repayments must be set at a rate you can afford so it may be worth you filling in an I & E sheet to take with you to show how much you could afford too, then as long as you are maintaining some form of payments in the meantime fingers crossed it shouldn't go any further:idea:

 

Hope this info helps & good luck for tomorrow MDAW

 

[Mydogsawestie]

Hi smileychick123 just wondering how you got on today & hope it went ok for you....

[smileychick123]

Hi thanks for asking!

 

The court went well today. the judge didn't award the Order for Sale and cited some Act/section relating to the children as the solicitor didn't think that was relevant

 

The judge also has given another year to us to try and raise the funds via a remortgage but that is to give the housing market longer to recover (the solicitor wanted only 6 months)

 

The judge also said that if the solicitor doesn't bring the case back to court within the year (I don't know what for?) then the case will be dismissed and would have to be started again from the beginning. The judge seemed to be very reluctant to listen to the solicitor's reasons for wanting the order as it was obviously only to allow their fees to be paid by my dad (costs were never awarded against us)

 

I was advised to now fill in an N245 to ask that the original terms of the order are changed as even though we have to raise this 25K it is in the original order that a further 25k is due in 2013 and there's no way we could afford that. It is hoped that the money they would be wanting could be changed into shares in the property.

 

The solicitor was having a conversation with us before court and we said that we didn't think he was taking the fact that there are 5 children living in the home seriously and his EXACT words were "Its not our problem if you breed like rabbits". I found it incredibly offensive as however many children we have is none of his business!

 

Oh and to make me laugh....I got home to the post today and there was a letter from the solicitors with a breakdown of their costs for today and it amounted to £1081 (for a half hour hearing!) which was, again, not awarded against us. They only sent it yesterday!

 

Sorry to ramble but it went really well. Thanks so much for replying to my post :O)

 

Gayle

[rebel11]

smileychick123,

 

well done.

[Mydogsawestie]

What a cheeky blighter the rabbit thing!!

 

Really chuffed it went all ok for you...go pop a cork or two & celebrate....x