For Not Payment Of Y's Outstanding Personal Debt Reduction Practice?

Q: Reposting this to see if anyone can offer any suggestions: Question: A husband and wife, X & Y, jointly own (and, together with their children occupy) a house. Y has had a CCJ registered against her for a personal, not joint, debt, and the bank in question has obtained a charging order over part of her equity in the house to cover the outstanding debt. All of this without X's consent or even knowledge. Can the bank enforce a sale of the property without X & Y's consent, for not payment of Y's outstanding personal debt?

A: I am in the opposite situation to this. A debtor won't pay my CCJ so I am going to try and get an Order for Sale following a Charging Order (property owned by judgment debtor and another person). I cannot find a local solicitor who has experience in this because in January 2003, the rules changed regarding this procedure. (It was the 29th Update of the Civil Procedure Rules). Have a look at the following link http://www.lcd.gov.uk/civil/procrules_fin/contents/parts/part73.htm Rule 73.10 is the one to look at. Also look at the Practice Directions 73 To answer your original question, it looks like the bank can claim for an order for sale using the Part 8 claim form. From the new rules Y would be the Defendant and X would become the 2nd Defendant. The court would then set a date for a hearing (this is because in a Part8 claim there is no defence) in which an order might be made. There is no mention

in these Rules about what factors the Judge takes into consideration (e.g. The children), other than the written evidence in support. All I can assume is that the Order might have a deadline on it (say in 1 year) which would give X and Y a chance to sort out new housing arrangements and pay the debt. I did see your original post, but nobody answered it . I hope this reply helped or may prompt other more knowledgeable people to reply! Obviously, instituting these "control mechanisms" is better than drowning in debt but the fact remains that your dependence on these is still costing you real money while willpower is free and the PM/DR books are right to recognize that.