HBOS Reading Fraud victim - They have CCJ/CO, now order for sale...

[AndyOrch]

The court can order a sale where:

 

• the debt is in your sole name and you are the sole owner; or

• the debt is in both names of the joint owners of the house;

• if the debt is in your sole name and the house is in joint names, the Judgment Creditor gets an ‘interest’ in the house once the charging order is made final. This means the Judgment Creditor can apply to the court for an order for sale to realise their ‘interest’ in your house. All joint owners (or a married person who is not a joint owner but has an ‘interest’ in the property) should be part of the court proceedings so they can explain their case to the court as well. They would be sent notice of the hearing and be allowed to attend.

 

Orders for sale will only be granted in extreme rare cases were there are arrears of £1000.00 or more. Once a charge is in place, a creditor may consider the use of an order for sale to recover the sums secured. Here, a practical problem may arise in that a charging order may not be enforced unless, at the time of the application, the whole or part of any instalment remains unpaid. It therefore follows that if the debtor brings instalments up to date at any stage, the Judge will be bound to dismiss the application. This could lead to last minute applications for relief by debtors facing eviction which in turn could lead to increased costs for creditors.

 

Andy

[scarydays]

So ... it is the option you have highlighted in bold, debt in my name, property in joint names.

 

The debt is more than £1000.

The judgement was a forthwith judgement,

 

despite my paying instalments to the creditor over the years,

they were not on a formal footing (i.e. not ordered by the court).

 

therefore the judge deemed that payments were in arrears as the only way to bring them up to date was to pay the entire amount.

 

It was also deemed that due to the size of the debt I had no realistic chance of paying it full anytime soon, so they issued an order for sale.

[AndyOrch]

How much were the arrears if you dont mind posting the figure ?

[scarydays]

The initial judgement was for £116K, I have paid £20K off over the past 6 years. With costs etc. It now stands at £102K.

[AndyOrch]

So this is an extreme case......pity you didn't apply to vary the forthwith judgment by way of the N245 and get it in a legal footing.

[scarydays]

I did apply to vary the judgement, but after they applied for the order for sale.

 

The creditor objected and the court decided to let it all be handled at the order for sale hearing.

 

I don't believe there is anything further I can do?

 

It looks like we will have a month to get out.

 

December is not a great month to have to leave.

 

Also, do we continue to pay the mortgage whilst they try to sell it?

[AndyOrch]

I meant when they got judgment...you will have to contact your Mortgage provider...are they different to the claimant or one and the same ?

[scarydays]

Our mortgage is with a different bank to the claimant.

 

I understand we will have to continue to pay the mortgage, otherwise we risk getting a bad credit rating, which I have only just recovered from after many years.

[Guest]

did the J say anything about that ongoing 'fraud' issue?

[scarydays]

Only that it was not in his remit and if I had a separate claim regarding that then maybe I could purchase another property in the future.

[Guest]

Only that it was not in his remit....

ok.

sounds about right. (though i had thought maybe on the off (discretion) things could've poss been put on hold subject to any claim/findings re)

[scarydays]

I thought it might have had some bearing.

 

I’m actually completely gutted.

 

Bit of a rubbish month to be chucked out too.

 

Really feel this is the straw that’s breaking the camels back.

 

Sick of fighting .....

[Guest]

I thought it might have had some bearing

indeed. whilst a district judge wldn't be able to determine on the fraud issue itself, it being beyond them.

wld've thought re when considering an order for sale with such significant poss 'fraud' issues involved, then they cld've exercised their discretion under cpr. and poss put things on hold if it was seen on its face your circs may be subject to the issue.

did you say that you were in formal claim/dispute re?

[AndyOrch]

Our mortgage is with a different bank to the claimant.

 

I understand we will have to continue to pay the mortgage, otherwise we risk getting a bad credit rating, which I have only just recovered from after many years.

 

You must also inform them...as they have the 1st Charge on the property as their security...above HBOS

[Ganymede]

The initial judgement was for £116K, I have paid £20K off over the past 6 years. With costs etc. It now stands at £102K.

 

What equity is in your property?

 

Where did you get that you need to move out with a month? Did the Judge say this?