order for sale of property

[alanbrown100]

I have a caution(charging order) which was the result of a county court judgement,the caution is in my name only on a jointly owned property,on I assume my share of the equity.The holder of the charge has advised they are getting order of sale,forcing us to sell the house,can this be done.

[Loosehead]

No, they can put a charge on the property and then claim their money when you eventually sell but they cannot force the sale for that reason alone. Beware though they will add all sorts of charges to the amount and possibly with interest too. Best pay up and look big if you possibly can.

[themas]

The charging order will have been put on because you didn't comply with the payment terms of the original county court judgement. When the charging order was made those terms may or may not have been altered but I assume you have not complied with whatever the terms now are. I believe that in that case the creditor can apply to the Court for an Order for Sale. Whether it is granted is up to the Court. By far your best solution is to pay the debt in full if you are able to do so. If you cannot, there is a procedure where you can apply to the Court for a variation in the payment terms (e.g. for you to pay by monthly instalments of �X). If the Court accepts your application then the creditor cannot do anything else PROVIDED you keep up the payments in full and none is made late. It is most important that you set out your finances in full on the Court form so they can understand your income and essential expenditure.

You must act on this straight away. If you do get to the stage where an Order for Sale is applied for you must ask for a Court hearing, attend with your wife and make your case as best you can.