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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Order for possession and sale: A creditor who had a charge

Customer Question

Order for possession and sale: A creditor who had a charge on my property (my home) has now obtained an order for possession and sale from the county court. The original debt was only about £4,000, but they have added costs of £5,000 and interest of £4,000. So the total being demanded now is £13,000. I don't have the money to pay them. There is an eviction notice issued by the court for 18th of November. What are my options?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you

Alex Watts :

You can apply to STAY the order

Alex Watts :

You need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

The court will list the matter for hearing

Alex Watts :

You can contest the charges and interest and see what the Judge decides

Alex Watts :

If you can show that you can pay off the balance within a reasonable period the warrant can be suspended

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-eu3sfbx1- :

What would be a reasonable period?

Alex Watts :

3 years

JACUSTOMER-eu3sfbx1- :

Thanks for your help. Can you please quote any relevant cases that I can mention to my application?

Alex Watts :

Its call the Norgan principle. The Judge will know what that is.

Alex Watts :

Is that ok?

JACUSTOMER-eu3sfbx1- :

These are not mortgage arrears. Does Norgan apply in this case?

Alex Watts :

Yes I know, but if its a creditor and this makes it a secure loan. The same principle can apply

Alex Watts :

Does that help?

JACUSTOMER-eu3sfbx1- :

Yes, thanks.

Alex Watts :

Can I clarify anything else for you?