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Category: Law
Satisfied Customers: 33538
Experience:  Barrister at Self Employed Barrister
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Can some one tell me my position and wether i can make recourse,my

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Hi can some one tell me my position and wether i can make recourse,my husband incurred a debt through a business matter in his sole name, the claimant went on to obtain a final charging order against our jointly owned home- as my husband did and still feels the claimant was in the wrong he has chosen to not pay the money being demanded by the solicitor-£2300.He also took legal advise and senior advise at land registry as to the order and its impact-it was advised that the order being against him self alone but the property being in both names the order could only be a marker on land registry of which at the point of sale the claimants agents would have to be legally informed,however this still would not mean the compulsory repayment of funds from sale proceeds,we still believe this is the same position as the solicitor never moves further on with his intended action-each year my husband and i get the same letter from the solicitors threatening me with an application to obtain a possession order against the property and evict me-they issue this letter as "part55 14 day notice "I'm aware of the need to give notice before action- but as no action is ever taken is this a form of harassment to an innocent party-i was present at the hearing to obtain the final charging order- and approached the judge on my position on the point of me being evicted and he assured me in front of the claimant that there could be no evicting me as i am the joint owner and nothing to do with the debt,though i get these threats each year- this years letter states that as one year has past they are fully in a position to carry out there proposed action and evict- my questions are they able under such ruling that I'm not aware of ?and secondly if this is just there yearly worry tac tic have a way of stopping them? i have wrote to them in the past to ask them to stop but it always comes to no avail,Is there a more onerous way of legal stopping them.
They are allowed to write such letters and indeed they are technically allowed to apply to the court for an order for sale. However the court will not (as the DJ mentioned before) agree to the order for sale where the property is owned as joint tenants. That's why it's really important for all joint owners to go to the court hearing for the order for sale, so they can explain their situation.I would imagine that they are trying to exert pressure in an attempt to get the debt paid -it may well be worth having a chat with your partner to try and reach a compromise to bring this matter to a head. After all the debt is not going away. I hope that helps - please remember to rate positive.
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