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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 8909
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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Hi, me and my ex entered into a consent order via solicitors. The

Resolved Question:

Hi, me and my ex entered into a consent order via solicitors.

The order stated that I had to pay an amount within 56 days, due to issues with my mortgage provider I will not be able to complete within the stated 56 days, and will probably be 5 days more.

My question is, can my ex change or void the order after the 56 days expires, or are there any issues that will arise after the 56 days passes?

Thanks
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 10 months ago.

 

Hi there,

 

Thanks for your enquiry, and hope that I can assist you, as my colleague is not presently available.

 

If you are unable to comply with the 56 day deadline, your ex is not entitled to void the Order.

As it is a Court Order, all that your ex could do is to go back to Court to enforce the Order or claim interest on the late payment, if the Order makes such a provision for interest to be paid on late payment.

 

Provided you are indeed only going to take 61 days to complete the Transfer and the Solicitors acting for your ex are aware of this, you have very little to worry about. Transfers of equity do sometimes take longer than the 56 days to complete and your ex's Solicitor will not be advising that the matter be taken back to Court if the only delay is 5 days or so.

 

All you therefore need to be aware of is the possible interest you may have to pay under the Consent Order.

 

Having said this, of course you should try and make sure that the Transfer is completed just as soon as you can, but as long as your ex/ the Solicitor is kept informed.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Customer: replied 10 months ago.
There is no mention of interest on the order details, and I have already paid half of the amount by cashing in an endowment policy, so will I only have to pay interest on the remaining balance, if at all?

So there are no other consequences?

The annoying thing is that the court approved the order, dated it and then didn't send it to us for 4 weeks, so 28 days was wasted straight away!
Expert:  Aston Lawyer replied 10 months ago.

 

Hi again,

 

Thanks for your reply.

 

If there is no clause stipulating that interest will be payable for late payment, then you won't even have to pay interest.

 

You therefore have absolutely nothing to worry about, and no additional penalties.

 

For the sake of a few days, us Solicitors are often late in completing Transfers similar to yours and the fact that the Court delayed matters makes it even more understandable and acceptable that you have gone over the 56 day period.

 

I hope this assists, and don't worry!

 

Kind Regards

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 8909
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 2 other UK Property Law Specialists are ready to help you

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