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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A receiver was instructed to sell my husbands property to recover

Resolved Question:

A receiver was instructed to sell my husbands property to recover An amount owing on a compensation order I had to pay as because the cps said I'd given him money towards the property an amount of 32000. The receivers bill is around £25000.00 and the cps are saying they are not paying my husband should pay. He had to move out of the house when sold He suffers from arthritis and severe depression and this is making him really poorly and they have not taken any of this into account. Do you think he can appeal to have to pay the charges he has seen no copy of how the receivers have come up with such a large bill. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was your husband given the opportunity to sell the property prior to Receiver being appointed?
Clare
Customer: replied 2 years ago.

My husband did not know anything about things until the receivers letter in March when he found a letter from them as I had not told him they had been appointed because of his illness. he contacted them straight away and was told there was an outstanding amount of my confiscation order and the house would have to sold to pay this.

They said he could have 28 days to find the funds,he was unable to obtain them so was told he would have to vacate the property so it could be sold.

He wasn't given the opportunity to sell this himself and between the end of April and the end of June nothing moved forward then we had a letter to say they were obtaining a possession order to take the property from him.

This was passed in july and we were told that we could stay until an offer was accepted. we asked through a solicitor if we could have 14 days notice to move when needed and this was granted.

We were told we did not need to go into the court room as the judge had read the order drawn up by the receivers and would just sign it,we asked if the letter from the gp had been forwarded to the judge to look at and we have never had an answer regarding this.

We sent several letters regarding my husbands condition from his doctor as because of his depression he is very unstable with stress this has been totally disregarded and no mention of any letters sent.

We moved in January and Mr Green is waiting for his funds so he can buy a new property as he has no where to live and now the receivers have told him the cps will not pay the charges owing to them so he must pay and are holding some funds back until this has been done.

As they are at least £25,000.00 and he has been given no invoice or details of what the charges are made up of he is very stressed as you can imagine.

He feels he hasn't been listened to or any of his health problems been taken into account at all.

The citizens advice expert has said he may be able to look at the Human rights laws.

On several occasions they said health issues are of no concern as they are just there to get the money back and the letters the doctor has sent as she was concerned for his state of mind were of no consequence.

Although my husband understood the house had to be sold and the receivers would take charge of the sale and decide the selling price to accept he thought once this was completed the funds owed to him would be released he was never told he would have to pay the charges as letters have always said after the sale the mortgage would be paid and the order then the funds left would be his.

sorry for the long reply but its hard to decide what info you need.

as you can imagine my husbands health has deteriorated and he is under the doctor as he has to be checked on every two weeks all this has also aggrevated his arthritis condition which means he finds it hard to write sometimes and some letters my daughter wrote for him he was accused of not writing them himself.

thanks Angela

Expert:  Clare replied 2 years ago.
Hi
For clarity - and I am sorry for the way I have to word this - do you mean that you were aware that there could have to be a sale but did not let your husband know until the last minute
Clare
Customer: replied 2 years ago.

yes that is correct

Expert:  Clare replied 2 years ago.
Hi
How far before the eventual sale were you aware of the need for the sale?
Clare
Customer: replied 2 years ago.

.

we were told in the letter in march that the house was to be sold as I said the issue is not the sale as my husband had always gone along with the instructions what is the issue is he was never told he would have to pay the charges which are so high as the receivers have taken so long to get to this point and the fact that the health issue has not been taken into account at any time

we would just like to know whether you think their would be any case about not being treated fairy due to health and now being told that the charges have to be paid with no indication of why they are so high.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but sadly his health was not relevant in the circumstances
However he is entitled to a full breakdown of the costs which are being claimed and he should write and request this as a matter of urgency
I am afraid that they are indeed entitled to claim the costs back - but they do have to explain how much they are and how the figure was reached,
I do fear however that a large part of the costs will have arisen from the fact that you hid the matter - however that does not explain the actual amount which is excessive
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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