Charging order - Force of Sale

[Defcon1]

I have an upcoming hearing on the 20th of December.
A charging order was made in September and was a personal ccj made against myself.
It has now been requested for a force of sale hearing.
I have been unable to get legal aid and being disabled I struggle with telephone helplines.
The amount owed is just over 4k
The property is jointly owned
The debt is solely mine
I have ongoing health issues awaiting full diagnosis
I am really stressed out about the possibility of being forced to sell the property mainly down to the fact I am unwell I just dread the thought of everything going further upside down.

Was hoping for any pointers or things I should look into before the hearing I have to submit my statement by the 13th.

Thanks in advance

[echat11]

des8 Can you please take a look and advise, many thanks.

[MIKE770]

When your creditor has a court order against you, they can apply for another court order that secures the debt against your home or other property you own. This is called a 'charging order'. If you own your property jointly with someone else but the debt is only in your name, the creditor can only get a charging order for your share of the property - this is known as your ‘interest’.

contact citizens advice for clarification! as a CCJ for one person is only 50% of Charging order and the other person cannot be held responsible??

[des8]

Agree with Mike770 that you should get advice, if only from CAB

When the charging order was made was the court aware of the joint ownership of the house?
An order for sale can be made when property is jointly owned, even if debt is only one person's.
You, and the joint owner need to attend the hearing, so that your partner can explain how he/she will be affected.

[Defcon1]

Thanks for responding to my post.
it was difficult to stop the charging order at the telephone hearing the judge treated it as no big thing and disagreed it would have any effect on the joint owner as that was one of my main arguments, the judge said it secures the debt on the property and I raised concerns of losing the property and tried to push for an administrative order in the way of a payment plan which was refused and said that it would be very unlikely for any judge to issue a force of sale. And pretty much straight after the hearing the claimant went for a force of sale.
i feel it's unlikely due to it being 4k but I've found not having legal representation in court as a defendant your always on the backfoot and what I say carrys little weight in court.
I will give CAB a call today before I send in any paperwork.

[MIKE770]

sounds to me the other side pushing their luck to frighten you into paying.

[EnglandPi]

Under normal circumstances there would be no way court is going to grant an order of sale for £4k and during the pandemic, given your circumstances it's just not going to happen. It's a scare tactic by your heartless creditor. As already advised you should seek independant legal advise.