Haven’t heard from then since.

I thought it might have had some bearing. I’m actually completely gutted. Bit of a rubbish month to be chucked out too. Really feel this is the straw that’s breaking the camels back. Sick of fighting .....

Only that it was not in his remit and if I had a separate claim regarding that then maybe I could purchase another property in the future.

Our mortgage is with a different bank to the claimant. I understand we will have to continue to pay the mortgage, otherwise we risk getting a bad credit rating, which I have only just recovered from after many years.

I did apply to vary the judgement, but after they applied for the order for sale. The creditor objected and the court decided to let it all be handled at the order for sale hearing. I don't believe there is anything further I can do? It looks like we will have a month to get out. December is not a great month to have to leave. Also, do we continue to pay the mortgage whilst they try to sell it?

The initial judgement was for £116K, I have paid £20K off over the past 6 years. With costs etc. It now stands at £102K.

So ... it is the option you have highlighted in bold, debt in my name, property in joint names. The debt is more than £1000. The judgement was a forthwith judgement, despite my paying instalments to the creditor over the years, they were not on a formal footing (i.e. not ordered by the court). therefore the judge deemed that payments were in arrears as the only way to bring them up to date was to pay the entire amount. It was also deemed that due to the size of the debt I had no realistic chance of paying it full anytime soon, so they issued an order for sale.

The bank applied for a charging order, which the courts granted. Because the property is jointly owned, it was recorded as a restriction at land registry. They then applied for an order for sale, which they have now obtained, so they will force a sale of the property.

Apparently even if it is only recorded as a restriction at land registry - It is still a charging order and they are entitled to obtain an order for sale, but they can only take what's owed to them from my share of the proceeds.

Just to update this post - the bank were successful in obtaining an order for sale.

£140k

Sadly, they are no longer happy to have a payment arrangement, they have demanded I re-pay the full amount. Hence the escalation in proceedings. They have, in reasonably quick succession, applied for both the charging order and now the order for sale. It's possible, therefore, I will need to defend the order for sale. Also, as we were forced to move away from the area for work purposes, we now no longer live at the property. We rent elsewhere, and rent out the property to cover the mortgage as we couldn't afford to pay a mortgage and rent. I won't even have the defence of 'we're living in it'.

Well technically it is in arrears right now, as the judgement was a forthwith judgment. Also, doesn't the bank have to agree to the variation? If they disagree with it, or if the order of sale hearing date is before the variation hearing date, the Order for Sale may be granted. Yes?

Thanks Andy, I've submitted an application to vary the judgement. They have already put in the order sale, expect that to come through first. Just wondering, if we actually put the house up for sale ourselves, what will happen to the order for sale?

One final thing - if we have already put the property on the market for sale, what happens if the bank apply for an order to sell?

Thank you Andy. It's probably also worth saying that my case is now being considered as one of the additional cases relating to the HBOS reading fraud scandal which is why I am surprised they have asked me to sell my property to pay back the debt at this stage.

There is currently no payment plan in place - I have always kept up to date with every payment plan they have agreed. When they placed the charging order on, at the same time they put another 6 month plan in place, and I fulfilled that one. Applying for the charging order is their latest move. They are not agreeable to putting another plan in place. The property they are seeking the order of sale on, although I do own this with my husband, I have never paid any mortgage payments on this. They have all been paid by my husband. I don't know whether this will have a bearing on any potential order for sale.

Bank of Scotland. It would be great if it couldn't be - would love to know that for certain.

Hi there, I have a CCJ obtained in April 2011 for a business debt which the bank pursued me for personally under a personal guarantee and successfully obtained a CCJ. It was a 'pay now' order at the time. I have entered into various arrangements with the bank to pay instalments (they discouraged me going back to the courts to make this formal). I realise now that this was a mistake as I had very little income (in fact I borrowed the money from family etc to meet the payments as they regularly threatened to make be bankrupt), it is likely the courts would have been a bit less harsh than the bank. It's a very large debt. In 2016 the bank obtained a charging order against my property - I jointly own it with my husband. They have now written to me to say if I do not put the property up for sale for an amount they have suggested (which is well below the market value for the property) they will seek an order for sale without any further notice. My question is, is it too late to ask the courts to vary the order to accept an instalment plan. Is it worth trying to reason with the bank (or their lawyers) that putting the property up for sale for below market value is really not a great idea. Or have you any other suggestions. I do know that should I successfully sell the property, as it's jointly held property, they have only managed to register a restriction, so are not automatically entitled to by paid out of the proceeds. Does this restriction as opposed to a full charging order have any bearing on an order for sale? And finally are there any lawyers who are up to speed on this kind of thing as I don't mind paying for legal advice if I need to. Many thanks.

I haven't checked any of the other credit agencies, but I should do. Well done on the O2 report. I have an outstanding dispute with South West water too for incorrect reporting that I need to correct.

Hi - I contacted Equifax an asked them to put a correction on my file, which they did. They also wrote to British gas to clarification. They have now emailed me to say that they have removed the entry from BG from my credit file as BG have not responded.

British Gas

Following - as I've just had exactly the same thing happen to me, a default registered on Jan 14th for a house I have not lived at since 2010.

Thank you

thank you BazzaS - do you happen to know if there is a head office address for BG I should be writing to?