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In Breach of Court Order What Can We Do?

  • OBEs 1 canoodly
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06 Feb 08 #13015 by OBEs 1 canoodly
Topic started by OBEs 1 canoodly
Hello Everyone!!

Not been on in ages because I thought it was all over for us!! (Have looked in and helped several times though where possible!!)

Can any of the legally minded on here give me a little advice? OBE's wife was given until 14th December to pay him so she had over 3 months to organise everything.


I only managed to find out about 2 weeks ago from the financial adviser I had put his wife in touch with that he, the loan company and OBE's wife were all set to complete before xmas. However, we heard nothing from anyone in the run up to the 14th and on the monday 17th I rang OBE's sols and asked what was happening. They didn't know anything!!! We had been forgotten about!! They had done nothing knowing full well that this deadline was approaching. I would have thought they should have diaired a date to start asking questions in the run up to the deadline at least but I feel their attitude was well this wasn't our job - except they are still charging us???

Can someone please tell me why this cost us all this money and nearly 2 years in worry and heart ache to end up with a court order that actually nobody cares about and means absolutely nothing??? Is it not correct that these orders are issued to give guidance as to a final date and are legally binding?? So why does our solicitor keep telling OBE that things never go to time when every time he was late they were on his back to rush around and get things signed??? Whenever his wife was late they then told him well these things never run to time??? Excuse ME??? Am I going completely mad????

I know for a fact that if the boot was on the other foot and OBE was having to payout his wife and he was 2 months late she would have had him whisked back to court by now.

The one thing that is making us really mad is that we are not being given any reasons for the hold up and we just don't know who to turn to. His wife won't talk to him. We can't go to the loan company or their solicitors (who we are sort of being told are the problem) we can't ring his wife's solicitors and our solicitors are saying they cannot get any answers from anyone.

Can someone tell me how we can Kick Some Butt here???

There must be someone who can tell us what is happening surely? We have told our solicitors that we are prepared to take this back to court as it is just dragging on and on and OBE for the very little he is getting has now lost 2 months interest on top!!! However, his sols are telling him not to go down the route of returning to court even though his wife would be liable for his costs.

We aren't even sure if this money has been released and is sitting in a solicitors account somewhere. How could we get that information because by rights this is OBE's money he has filled out all the forms to transfer the property over to her. Is it that the loan company would not release the money until the transfer is done?? This is SO SO SO frustrating!!!

Any help would be so appreciated.

Hope you are all well and coping - does it ever end???

Kind ones

OBEs 1 canoodly

  • attilladahun
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06 Feb 08 #13074 by attilladahun
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Clearly the final order will give the dates for the transfer

A well drafted order will provide interest for late completion.....usual Judgment rate i.e. 8% so in essence

It may be that because an undertaking was given to pay the existing mortgage until completion that is why you are suffering a loss....

Why not go back to Court is the solicitor a wuss???

Without knowing the order it is very difficult to advise..Solr may say your redress is interest...but the extra months interest payment are a loss... you could instruct solicitor to immediately issue an application.....

......"for further directions of the Court to enquire the reason for and who is responsible for the delay in implementing the Court order dated 2007
and if appropriate X be released from the undertaking to pay the existing mortgage forthwith in view of the delay

And the costs of and incidental to the application be provided for in that it would be inequitable for the X to bear the brunt of these in view of the fact X has been ready able and willing to transfer the FMH to Y in accordance with the Court Order on time."

ELH 15 minutes

That should shake them up.....and you could seek an order the costs be paid by either Y or Y's solicitors.....

  • attilladahun
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06 Feb 08 #13076 by attilladahun
Reply from attilladahun
Clearly the final order will give the dates for the transfer

A well drafted order will provide interest for late completion.....usual Judgment rate i.e. 8% so in essence

It may be that because an undertaking was given to pay the existing mortgage until completion that is why you are suffering a loss....

Why not go back to Court is the solicitor a wuss???

Without knowing the order it is very difficult to advise..Solr may say your redress is interest...but the extra months interest payment are a loss... you could instruct solicitor to immediately issue an application.....

......"for further directions of the Court to enquire the reason for and who is responsible for the delay in implementing the Court order dated 2007
and if appropriate X be released from the undertaking to pay the existing mortgage forthwith in view of the delay

And the costs of and incidental to the application be provided for in that it would be inequitable for the X to bear the brunt of these in view of the fact X has been ready able and willing to transfer the FMH to Y in accordance with the Court Order on time."

ELH 15 minutes

That should shake them up.....and you could seek an order the costs be paid by either Y or Y's solicitors.....

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