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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I co own a property with a person who has an outstanding

Resolved Question:

I co own a property with a person who has an outstanding debt that he refuses to pay. There was a charging order for sale made in January 2016 and to stop the sale going ahead I made an arrangement to pay the debt in monthly instalments, which commenced in March and have been paying each subsequent month since.However, I' m now finding it very difficult to keep this arrangement going,although I haven't missed any of these payments yet.
My question is if I can't keep these payments up, and the order for sale goes through, how can I make sure I receive the money back that I've paid towards the debt, which is not mine.
Can I get a charging order put on the property so I can also get my money back. How long would this take, and what sort of money would that cost, as my funds are at rock bottom.
Can you please help me.
Sincerely yours,*****
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Will there be enough equity in the property to pay the debt and you?

Customer: replied 1 year ago.
there' s enough equity on the property. But If the sale goes through How an I get back the money I have paid towards his debt
Expert:  Jamie-Law replied 1 year ago.

Ok. Well done the solicitor that handles the sale will first pay the debt out of the co owners share then they will pay you your equity and then the equity left to the co owner less repayments you have made.

If you have made payments you are entitled to this back out of the proceeds of the co owner.

You could get your own charge on the property but you would need a county court judgment in order to get that. You can issue a claim online here at www.moneyclaim.gov.uk

Once you get judgment you can get a charging order.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
How long would this take? What is the approx cost?
Thanks
Expert:  Jamie-Law replied 1 year ago.

It can take a two months if not contested. Cost depends on value of claim, but generally around. 5%. This cost is added to the claim.

Does that clairfy?

Customer: replied 1 year ago.
Thanks.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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