Solicitors and County Court

[Guest juworne]

My husband owed a firm of solicitors £12k in fees from when his former business partner did a runner and left us with all the debt

 

We have no means to pay this money so solicitors took hubby to court. We defended as they had messed up big time but then agreed to accept the amount they claimed as they were getting a barrister and we could not afford more fees added on.

 

We offered them a sum of money we could just about afford and they have turned it down. They are now threatening to place a charge on our home with a forced sale.

 

They do not have a ccj at present as we agreed (both parties) to try and negotiate a settlement. They have refused all offers as too low.

 

My question is what will happen now? I assume they will go to court and get the ccj against my husband and then try to get a charge on our property. I understand they will only be able to get a restriction as I own half the property and the debt is not mine.

 

 

Can my husband now write to the courts and ask them to work out what we can afford to pay as the solicitors just seem hell bent on getting a charge and making us sell the house. I think they would find it difficult to get a judge to agree to a forced sale.

 

 

My husband is disabled and I run my business from the garage (dog groomer) and both our adult children live here along with my son's pregnant girlfriend. There is also not a lot of equity in the property. We really cant offer more than we already have and I am now at a loss as to which way to move forward. Any help would be much appreciated from anyone. Thanks

Edited September 14, 2012 by citizenB

[dx100uk]

hello

 

can you add some blank lines and sentences using the edit post pen at the bottom of your msg

tnx

 

dx

[BankFodder]

Can we see the letter in which you agreed to pay, please.

 

You really shouldn't have agreed anything without making sure that the scheme of payment was in place as well.

 

Let's see the agreement.

[BankFodder]

Also, have you really no idea where the partner is?

[Guest juworne]

The agreed payment was verbal during a meeting with solicitors. My husband had to accept that he would pay within 14 days (even though the solicitors acknowledged that he would not be able to do so - by email and telephone and agreed that we would have to come to an arrangement.) The General Form of Judgement or Order said:

 

1. All further proceedings in this action be stayed upon the terms set out in the schedule except for the purpose of enforcing those terms.

 

2. Each party shall have permission to apply to the Court to enforce those terms without the need to bring a new claim.

 

3. The defendant shall pay the Claimants costs on the standard basis to be subject to a detailed assessment in default of agreement.

 

The Schedule

 

1. The Defendant shall pay the to the Claimant the sum of £15054.39 within 14 days of the date of this order.

 

2. The Defendant shall pay the Claimant's costs to be assessed if not agreed within 14 days of agreement or assessment whichever is earlier.

 

The solicitors acknowledged that my husband would be unable to pay this amount. He offered £117 a month to be reviewed annually. He also offered to increase the payments when the GE Money second mortgage was repaid in 3 years time to £400 a month plus any extra he could manage. They turned it down and now are threatening to go to Court and get a charge placed on our property followed by an Order For Sale.

 

My husands ex business partner emptied the business account of more than £47K while my husband was in hospital. He had also guaranteed via business property the business overdraft and letters of credit. The whole thing has cost us nearly £300,000, our business property, all our savings and our pensions. Business partner last we heard was in Egypt. Police are looking for him.

[Guest juworne]

Do I apply to the court with an N244 to ask for payment by instalments as the order says that either party can apply to the court so that we can get an instalment plan put in to place. Thanks.