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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33891
Experience:  family solictor with 25 years experience
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Charging order against property. There is a 43000 pounds

Customer Question

Charging order against property.
There is a 43000 pounds charging order against my property from my ex wife. She has asked the court to enforce the sale ( awaiting date of hearing ) I made an arrangement with ex wife of 500 per month her argument is default because I have me a couple of late payments.
To further complicate matters she is asking for £47000. ( with interest )
I have paid her £10000 to date which her solicitor is ignoring and asking for the full amount.
Can I stop this ?
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What were the terms of the original Order regarding payment?

Customer: replied 1 year ago.
The payment schedule was an informal arrangement between my ex wife and myself of £500 per month with no solicitor involved which she accepted at the time
The order/charge issued by the court is for £43576 with interest NB7 final order
Paul
Expert:  Clare replied 1 year ago.

My apologies for not being clear

How did the debt actually arise?

Customer: replied 1 year ago.
The debt was the past part of a divorce settlement the 43K is the last tranche.
Expert:  Clare replied 1 year ago.

When should that have been paid and why were you unable to do so

Customer: replied 1 year ago.
14th April 2014, I did not have the cash funds to pay the balance in full, hence the 500 per month arrangement
Expert:  Clare replied 1 year ago.

And you have not been able to keep those up either?

Customer: replied 1 year ago.
No missed payments as far as I am concerned BUT her argument is I was 2 weeks late on a couple of occasions and this as far
as she is concerned ( and her solicitor ) is now grounds for default.??? So they are filing to enforce the order to sell my house to pay the debt
20 X £500 10K paid already.
Expert:  Clare replied 1 year ago.

So you have made 20 payments already and only two were late - is that about right?

Customer: replied 1 year ago.
Clare oh no everything up to date and payments still being made , I do not understand but for some reason she has now decided the agreement is defaulted and one must go to court ?
Expert:  Clare replied 1 year ago.

Has she actually applied to send it back - if so what has she said on the application?

Customer: replied 1 year ago.
Clare her solicitor wrote to me saying they give me 2 weeks to pay £47K the debt is £43K ( they just stuck interest on the end of it and said that is what I owe, without taking into consideration the £10K that has been paid ) That was 2 weeks ago, so I am waiting for a court date at present.
Expert:  Clare replied 1 year ago.

Did you write back and confirm that you have been paying in accordance with the verbal (?) agreement?

Customer: replied 1 year ago.
outlining the payment schedules, some where late as the banks do not process on weekend.
Also asking for clarification on how their numbers where arrived at.
Expert:  Clare replied 1 year ago.

Then wait and see

If there was a verbal agreement and you have kept to it then your ex would struggle to persuade a Court to make an Order for sale provided you have kept to the schedule

You will have strong grounds for defending any application

I hope that this is of assistance

Customer: replied 1 year ago.
Thanks Clare , that was what I thought, but needed a legal standpoint.
Very helpful
Thanks
Paul
Expert:  Clare replied 1 year ago.

Good luck I hope all goes well

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