Hello all - Equity Split and Reposession / Charging order

[Amethyst]

Re: Hello all

Thank you so much for writing all that. It really helps having the background and there's quite a few issues in there that need dealing with, it's little late now so I'll come back tomorrow. What is the current arrears on the mortgage and what's the equity you have in it? Can you afford to make up the arrears over the rest of the term of the mortgage and do you want to (keep the house that is)?

[Apollo1966]

Re: Hello all

Amethyst..... didn't expect you to get this till tomorrow...

Current arrears according to B/Soc is about 16k After 50 hrs recreatting statements day by day basis I reckon they owe me as overpaid by 7k

House valued between 125k and 135k after all paid about 100k net realisable. dont want to continue I want out ASAP but without losing 100k I put into house.

Look forward to hearing from you...... I know there are loads of points and now not in rush for answer as\I am talking to you......I know its not just sitting on a wall.

Thank You

Apollo1966

[Johnboy007]

Re: Hello all re Charging Order

Johnboy007 is this site regular monitored as no one came back along and advised.

Hi Apollo,
Sorry I never got back to you on this question.
Yeah, there are regular visits to the forum by members, but family, work and other issues do crop up, so a particular member/s may not always be online until late in the evening.
However, every post does get answered by a knowledgeable person in the vast majority of cases, the same day.
Regards
John

[Apollo1966]

Re: Hello all re Charging Order

Johnboy007. I do understand mate, honestly. Being new to the site and working it out. Bear in mind my original post dont really help those looking for a topic to answer does it...... I mean "hello all"........ how does anyone know it'sa new link relating to charging orders and then progress.

I'm still learning to navigate. I have to log out get email then log back in.....so what as you can see from thread my error in first place but gr8 help from Amethyst and its all very much appreciated. It just takes me a long time to log out and back in as using what is now called a dinosaur of a computer. Cant grumble it works. LOL

Apollo1966

[Johnboy007]

Re: Hello all re Charging Order

Johnboy007. I do understand mate, honestly. Being new to the site and working it out. Bear in mind my original post dont really help those looking for a topic to answer does it...... I mean "hello all"........ how does anyone know it'sa new link relating to charging orders and then progress.

I'm still learning to navigate. I have to log out get email then log back in.....so what as you can see from thread my error in first place but gr8 help from Amethyst and its all very much appreciated. It just takes me a long time to log out and back in as using what is now called a dinosaur of a computer. Cant grumble it works. LOL

Apollo1966

Hi Apollo,
I was just replying to your post mate
Nearly everyone who comes onto LB for the first time, starts off by saying.. 'Hello', not sure I'm in the right place...
I did myself when I first found this site.
So you are not alone and there is no need to explain anything.
Best wishes,
John

[Amethyst]

Re: Hello all

Well, those claims management cold calling companies have a lot to answer for don't they.

Having said that, this should all have been sorted out a long time ago. But anyway...

9th September is the important date. You have the hearing to decide on the property split and the repossession.

Is it two separate hearings with the same judge or one hearing ?

I think the best chance you can give yourself is to get a good witness statement in on both aspects.

1) the joint property ownership and equity share
2) suspending repossession pending house sale

[Apollo1966]

Re: Hello all

Thanks, Yes your right 9th Sept 2014 is important date. Witness statements already sent as stated..........so I can only hope they are good........objection to charging order didn't seem to be good enough....lol

Could not find templates for witness statements so used format of one sent to me by B/Soc. what else could i do. Thanks for suggesting the suspended repossession. that will give me time to sell......

Yes they are two cases and think by same judge. won't know till the day....

Apollo1966

[Apollo1966]

Re: Hello all

Amethyst, I notice in your reply you do not make comment on a lot of issues, maybe it's time maybe you don't know. But one point I really needed to be answered was "was the judge right regarding the charging order" comment to me......

A Big thank you to Johnboy007 for links. when I work this site out in its entirety I will just send thumbs up but until then I dare say he will read it in threads........ sorry johnboy007

Apollo1966

[Johnboy007]

Re: Hello all

Amethyst, I notice in your reply you do not make comment on a lot of issues, maybe it's time maybe you don't know. But one point I really needed to be answered was "was the judge right regarding the charging order" comment to me......

A Big thank you to Johnboy007 for links. when I work this site out in its entirety I will just send thumbs up but until then I dare say he will read it in threads........ sorry johnboy007

Apollo1966

No problem Apollo....... Good luck

[Apollo1966]

Re: Hello all

I have waited for a reply to my question and that is after answering questions to me. Lo and behold I am in court on 9th and do not know if judges comment is valid. I will check site the day before I go to court Just on the off chance, that ? is answered.

Johnboy007 I did take on board your earlier comment re personal commitments and if you read I did and do understand. However I have PM and still no reply. Told ya I would learn to navigate eventually. LOL But still going to court none the wiser, apart from asking for a suspended repo order to give me time to sell house.

I Like the site its great and gives loads answers they want. I just want to know why mine got hung.

[Amethyst]

Re: Hello all

It didn't get hung. I don't see why the Judge's comment wouldn't be valid, the issues will be decided at court on the same day by the same judge, so he is fully aware of the situation regarding the charge over the property being a restriction on your ex's ''half'' of the property - if your ex is only awarded a % of the property that would not cover the charge then the Judge will consider the charge application on those terms.

[Apollo1966]

Re: Hello all

Amethyst, You are so wrong....... The judge who did charging order is totally different from the one who is dealing with Ex v Me and B/soc V me Ex this was all explained.

Why would he say what he said if he was the judge dealing with other two cases. he would have worded it differently.

This was all explained. to the site......

[Apollo1966]

Re: Hello all

The reason its so important is because they are different judges. From charging order to repossession and share / equity (Share/Equity and Repossession is same judge...............charging order was a different Judge.

I don't know how clearer I can explain that. That is why I want........need to know if other judge would take into consideration what % they OTHER judge has awarded as C.O % wise.

[Amethyst]

Re: Hello all

The CO is a restriction against your ex's share of the property. That share is still to be decided. Once that is decided and the property sold, she gets her share, if her share is not enough to cover the CO then she will have to make arrangements to pay the remainder of the CO.

[Apollo1966]

Re: Hello all

Amethyst thank you very much. That puts my mind at ease. As you have previously said I have to put a good case and witness statements. As I have said, my W.S already provided to court. Now just got to hope they are good enough. I wish I had found this site years ago. When I had feeling ex would come back to haunt. lol

Thanks and I do mean that. .........................I will be a regular as when house sold I plan on releasing my product that is in the making.......... buying land and building eco friendly house. I'm going back to my roots. so there will be lots that I got to squat up on and signature says all