Ask a Law Question, Get an Answer ASAP!
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Was the Agreement turned into a Court Order and sealed by the court
What is the exact wording of the Order regarding the payments?
Are you aware that a phone call costs extra?
How much are the arrears?
Is that on the mortgage itself?
Ok - may I ask why you have not enforced the arrears before now?
In other words you are a nice person - sadly the ones who most often lose out
You are entitled to apply to the court to enforce the Order - and to claim the arrears.
You will need the permission of the court to enforce the arrears that are more than 12 months old
The form that you need is here
I suggest that you let the court decide how to enforce the order
Indeed at the same time you may wish to apply to vary the Order so that he pays off the mortgage in full which was clearly the original plan.
This is done using a Form A available here
I hope that this is of assistance - please ask if you need further details