Can an order to sell still be made by a debtor if ownershiphas changed??

[Donny462]

atticus

Page 2 of the letter.

[atticus]

This person has sued you and obtained judgement. He has obtained a charging order.

If there is no equity in the property available to pay this person than you should collate evidence to show this.

[Donny462]

This person has sued you and obtained judgement. He has obtained a charging order.

If there is no equity in the property available to pay this person than you should collate evidence to show this.

Hi atticus

Thank you for your reply.

Today I have received the attached letter, as you will see, the person is informing me that he intends to apply to the court for sale of the land and he is suggesting three sales agents. Do I have to agree to a sales agent before it even goes to court? Isn't he being presumptuous in just assuming that he will be granted the order? As I have stated in previous posts, there is no equity in the property, as even if the court disregards the fact that the land is now owned by my Partner and puts it back to being in my name, the mortgage company would still have first call on any monies due from the sale and there would no money left after the mortgage company have been paid off.

Thank you for any help/advice that you can give me.

[atticus]

You are being offered a choice: (1) agree with their suggestions, or (2) court. Nothing presumptuous about that.

Have you collated evidence that there is no equity in the property to pay this person, as I previously advised?

[Donny462]

Hi atticus

You are being offered a choice: (1) agree with their suggestions, or (2) court. Nothing presumptuous about that.

Have you collated evidence that there is no equity in the property to pay this person, as I previously advised?

Thank you for your reply, but I'm afraid that isn't how I read that letter? The letter states that he is now going to apply to the Court for sale of the land, he isn't giving me a choice to whether to agree to his suggestions or to go to Court, he is stating that he is applying to Court for the sale of the land, and suggesting prospective selling agents? As I understand it, it isn't a given that he will be granted the order for the land to be sold, so I feel he is being presumptuous in asking for my suggestions for selling agents?

Yes, i have collated evidence that there is no equity in the property as you suggested, thank you.

[Donny462]

Hi atticus

Today I have received Court Papers but they name my Partner as First Defendant when his name isn't even on the Court Order as he had no part in the procedures. Is this right?

Also, the Court is to be listed at Leeds Business Courts, I am not able to walk and this is very difficult for me to get to, am I able to change the Court please? If so, how do I do this?

[atticus]

Is your partner the person into whose name the property has been transferred? If yes, then your partner is a person who needs to be served, for the reason that the claimant is seeking an order that affects him or her.

You need to contact the court about venue and other arrangements.

[Donny462]

Is your partner the person into whose name the property has been transferred? If yes, then your partner is a person who needs to be served, for the reason that the claimant is seeking an order that affects him or her.

You need to contact the court about venue and other arrangements.

Hi atticus

Thank you for your reply. Yes, my Partner is the person whose name the property has been transferred to. can I please ask, as my Partner is now named as the 1st defendant, shouldn't he have the chance to put forward his own defence?

I have applied for the Government Initiative Breathing Space to allow me time to sort out my Late Mother's Will in which I have been left some money, and also to see if my illness makes me fit the criteria for which my Life policy was taken out to be paid out before my death, both of these things would give me some money to pay towards the claim, but my response to his application for a court order to sell my property needs to be in for this Friday, should I just complete my response and submit it for Friday, or do I notify the Claimant that I have applied for Breathing Space and I have to wait to see if I have been granted it?

[atticus]

Your partner can respond. Does he/she have a defence to put forward?

As to the urgency, I observe that your received the court papers 2 weeks ago. And yes, tell the applicant.