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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Would a court order a sale on my property without offering

Customer Question

Would a court order a sale on my property without offering a repayment of debt plan
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply. !
Alex Watts : Is this for a debt for which there is a ccj please?

good afternoon, no it is a charging order for a settlement on property of which i have not yet paid


The charging order was placed due to none payment of amount in full by a said date, i was never given the oportunity to make monthly payments .


Will the court if requested stop intrest on a payment order ,escallating rapidly.

Alex Watts : Have you applied to the court for payment by installments yet please?

no not as yet

Alex Watts : You need to do this before an order for sale is made.I
Alex Watts : If there is an application for an order for sale you may be too late
Alex Watts : So you should apply to the court vary the current charging order and allow payment by installments.
Alex Watts : You don't want to wait until an order for sale.
Alex Watts : Depe
Alex Watts : Depending on the debt a court can suspend an order for sale upon payment of monthly installments, but you don't want to wait that long.
Alex Watts : You want to do this now apply to vary the charging order to make payments.
Alex Watts : Can I clarify anything for you about this today please?

Yes will interest be stayed and from when is interest charged from is it at registration of charge at land registry, can I carry on with directions from you when I make my variation order obviously fee based, regards j

Alex Watts : Interest is unlikely to be stayed.
Alex Watts : But the principal amount can be paid via instAllments.
Alex Watts : Can I clarify anything else for you?

The princible amount is 15000 and interest is at 8% per anum approx 5000 so what you are sying is that instalments would be for 15000 what will happen to the interest as this will accrue daily and will start to outweigh the instalment on principle amount do court have power to stop this interest

Alex Watts : The court can order interest under the county court act. They have done this.
Alex Watts : All you can do is apply to vary the order to reduce interest and pay by installments.
Alex Watts : Can I clarify anything else?

I think i have enough information and thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Alex, i have posted another question but would like you to answer thanks

Expert:  Ash replied 2 years ago.
I dont think I can see it? Do you have the URL?

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