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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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Jo, My husband currently subject to a confiscation.

Customer Question

Hi jo,
My husband currently subject to a confiscation. He has managed to pay the majority and now has only 18k to pay. He has recently received a letter to attend magistrates court in order for an enforcement to be initiated. Does this mean that they will appoint a receiver to sell our home for the remaining funds. We have done everything to pay the remains and making payments whenever we can. How much will this stand in our favour. The original order was 130k.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why has he not paid the rest?
Customer: replied 2 years ago.

Hi Jo,

The majority was paid by a sell of a flat. Once we had use the equity in the flat to pay off the confiscation order, there was a further 30k to pay. I had a bonus from work and was able to pay 22k. We informed the courts that we would have to get a loan for the rest of the funds and the prosecution stipulated that we would have to inform the loan company that we needed this loan to pay off a confiscation order. Therefpre it has been difficult to get the loan. Currently I am in fulltime work but my salary covers all bills and living expenses. My husband is self emplyed when he gets paid we pay the confiscation order. But we have not been Ble to pay it off quick enough

Expert:  Jo C. replied 2 years ago.
OK.
Has he applied for redetermination of the amount?
Customer: replied 2 years ago.

No he can not because they will recalculate the assets and say we owe more money. The benefits figure was one million....but the settled for 170k. ..If the delve deeper they will ask for more. Just need to establish at what stage and at what amount they will assign a receiver so we know how long we have to earn the rest.

Expert:  Jo C. replied 2 years ago.
Well, that depends on the Crown and the officer.
Usually there is a default period in custody which is served first before they try to force sale. I imagine that is the risk he faces for this particular hearing.
Even after serving the default period though he will still be liable but they would normally look to enforce at that time.
If you are paying then they would not normally seek to force a sale. They are generally slow to do that with matrimonial homes.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

Do I have any rights as a person of interest in the property. I own half and I currently pay the mortgage.

Expert:  Jo C. replied 2 years ago.
They cannot touch your share. That is ringfenced. What they can do is sell the property and then pay you out.
But you can join the application as an interested party and they should consider your position.
It is a fairly rare that matrimonial homes are sold under POCA unless people completely bury their head in the sand.