Finally won my Court Order - Ex won't comply - help me please!

[lightswtichonandoff]

Lots of your helped me with my other thread, applying for an Order of Sale for the property I jointly own with my ex. Thank you.

He is still living there, refusing to pay the mortgage which is now in arrears. I had my final Court hearing last week and he didn't turn up! The Judge said he hadn't filed a statement and therefore she made the Order in my favour. Finally! I was so happy and relieved.

The Order of Sale states he has to provide me and the Estate Agent with keys to the property within 48 hrs of being served (deemed as 3 days ago) and co-operate with the Estate Agents. I sent him a polite email to arrange to get the keys, he has ignored it. He won't communicate with the Estate Agent, won't return her calls and has not provided the keys to either of us.

The Judge put on the Order "there be the liberty to apply as to implementation of this Order" and told me that I could apply back if ex refused to comply.

I need to sell the property quickly as due to him refuses to leave or pay the mortgage it isn't far off repossession. The mortgage lender has agreed to delay repossession now I have the Order, but I need to be quick. Because we both own the property ex needs to sign for it to be marketed, he won't - not that we can get in there anyway to take photos.

Anyway. Please can someone help me with sorting this out as I am representing myself and cannot afford a solicitor...

I understand I need to apply back to Court but how? Is there a standard form to use? Can I ask for it to be heard on the day, urgent, ex parte?

What do I ask for? Sole conduct of sale? (the order gives him around 40% of the profit so that won't change)

He won't comply with a Court Order to give me and the Estate Agents access to the property / keys to do the minor repairs that need doing to present it well and of course show potential buyers round. What do I ask for? Him to be evicted - would a Court do that? If not how else can I ensure he can't block the selling process.

I know I can pay for a locksmith to change the locks but as he lives there I will have to provide him a key and he will just change the locks again on me - like he did before.

Any help gratefully received (again!) I'm at my wits end once again, I can't let this house get to repossession and I can't afford to pay the mortgage and the rent for where I live, simply can't... I have my Order of Sale but I can't sell it if he's there and being obstructive..

[beccajoh]

I don't know about these things, but is there someone you can call at the courts?

[MisForMumNotMaid]

Bumping because I don't know but I'd hope that you could ask for costs from his non compliance to come from his share when any pot left is divided.

[lightswtichonandoff]

Thanks. I've already called the Court and they can advise me on the process.

Misformum.. The Order I have states he pays all arrears and charges so I'm covered in that sense :)

[lightswtichonandoff]

CANT I mean. The Court CANT advise me...

[lostdad]

Not following a court order is contempt of court. I would advise you write a letter to the court (with the details of the order such as case number and the date of the final hearing) outlining the situation.

To get this done as soon as possible it may be worth writing the letter, turning up with it at court and asking the usher to give it to the judge, you asking to see the judge for an emergency hearing.

Chances are they won't see you but they may schedule in a hearing at short notice.

[lightswtichonandoff]

Thanks lostdad. I just called the Court again and tried to see if anyone else could advise. They said I needed to fill in an N244 (general form apparently) and that a letter or any other form of communication not on an official form would not be considered. BUT I have to pay an application fee of over £100. Which I simply do not have :(

[prh47bridge]

You will be able to claim the fee from your ex. And if you are on a low income you may be entitled to a reduced fee.

[lostdad]

lightswtichonandoff - fair enough. It's always worth giving it a go by turning up in court with the letter. Sometimes it works, sometimes it doesn't. Depends on the attitude of the court and it's staff.

As prh47bridge says you can also can ask for the fee from him and the court to assist but even if they make a costs order if he doesn't pay up you're back to square one to pay to enforce it which is usually not worth the hassle.

[lightswtichonandoff]

Lostdad- I think I will do what you suggest and try my luck turning up Monday morning.

I just don't have £155 to spare right now til payday. I know I'll get it back in costs but that's not now, if that make sense.

Thanks all who have replied

[JaneParker]

1. If you are on benefits (and low income?) you can apply to be exempt from court fees but I suspect you will not qualify for that.
   
2. Write him a special deliveyr letter enclosing a copy of the email as he may well tell the court he never had the email. Tell him he may end up in prison if he does not comply.
   
3. Assuming that still does not work you will have to make an application on the application notie.Set out on the form what order you want in the exact words that he. xyz and ask for it to be endorsed with a "penal notice" (that means if he does not comply then it is a direct criminal offence - most court orders are not endorsed with that and you need to ask for it). You want to make sure the new court order gices you all the power you need and refers to this that you control the sale process given his lack of co-operation so far, that you have the right to get a locksmith in to change the locks if he is not letting you or an agent in, that you can show the agent and prospective purchasers round etc etc. and that he must accept all reasonable offers with a bottom price of £ xxx and that if not sold on open market by x date it goes to auction with no floor price.

[lightswtichonandoff]

Thanks Jane Parker. No I'm not on benefits and I earns bout the remission threshold- just lots of monthly expenses! :(

Ok so you think it's reasonable for me to now ask for sole conduct? My Order already states the minimum price (he'd been trying to sell it for well under market value to his sister)

Do you know what form I need to use? Is it a N244 or is there a specific form to apply for enforcement of an already existing order? Thank you.

[JaneParker]

I'm not a family lawyer but most applicaions to a judge for all kinds of things you want a court to order are done on a general applicaiton notice form which sounds like the one you mention. You pay the fee and write on the form what you are asking for eg the exact the words of the order you want and under the grounds section say see attached and attach a signed witness statement form you in numbered paragraphs saying the history - para 1 - he was ordered to do XYZ on the order of 1.1.14 attached. para 2 he failed to respond despite your telling him (atach copy of your email and letter to prove you sent it to him), that it is now clear you need control of the sale process so want the order set out on the form for the following reasons and make it clear on form and statement that you want a penal notice attached to the order i.e. if he breaches it this time he will go to prison.

[Gfplux]

I know this is a little late now, but, I believe you should have gone down to the court on Friday. You had plenty of time as you were on here at midday.
Ok so now you are where you are.
Good luck on Monday. I would suggest you get there early.

[Gfplux]

Nothing is better than being at a place in person. The person on the telephone does not have to look you in the eye and say nothing can be done. Sometimes people on the phone just say anything just to get you of the phone.
So
Person to person is always the way.