Urgent Advice Needed Please - Ex Court Application / Court Order

[theironinglady123]

As per my other threads. I finally won my Order of Sale for the property I jointly own with ex. Long boring back story, took two years, EX ran up huge arrears, near repossession, didn't file any statement, didn't turn up to the final hearing so Judge Ordered the immediate sale. He lives there with the kids (we have 50:50 Residency) and I half exopected him to make a Childrens Act application but he didn't.

The Judge said he may appeal the Order but that he's have no Grounds even under the children's Act as he hasn't been paying any of the mortgage for months (he's employed so can pay just choosing not to) and he emailed me the night before Court saying he can't afford the mortgage.

Ex has refused to communicate with Estate Agents for over a week, didn't comply with the order to provide me and the Estate Agents with keys.

He's been all quiet.... BUT he's emailed me just now stating he is not in breach of Order as he has made an urgent Application Notice for Implementation of the order and my Order made last week has been suspended. He has given me contact details for his new solicitor and I will have to contact them in the morning.

Does anyone know what this means? Surely he can't have the Order suspended when it has just been made? My Order says I should have been provided with keys within 48 hrs and I have a locksmith booked for tomorrow to force entry and change the locks so me and the Estate Agents have access..

The reference number he's given me is my original claim number. Does "implementation" just mean he's appealing parts of the Order?

Help please if you know, just when I thought I was finally going to be free of him...

Sounds like he's made an application to change the timing of your order, rather than an appeal. You'll have to be served with his application,so you will then be able to see what he's applying for. Suggest you make contact with his new solicitor in the morning and give your contact details. Maybe you can get a copy emailed to you urgently? Good luck!

Thank you both. So if he had appeal the actual Order of Sale or put in a Childrens Act Application then I'm assuming it would have been a new claim reference?

Is it right that my Order would be suspended whilst his application is considered? Isn't it obvious he is just delaying?

He wants to delay sale as his sister wants to buy it under market value. I guess he's hoping if he can delay another 6 months the market value may fall or repossession will happen and she may be able to get it cheap at auction.

I will call his solicitor in the morning as you suggest nappy.

Does it go in my favour that he didn't attend the hearing last week (final) when my Order was made? Surely the costs I now incur going back to Court to discuss the amendments he wants should be payable by him as we would have discussed it at the other hearing if he'd bothered to show up!

I can't believe I got my Order and thought I had won and now he's done this :( The mortgage provider have agreed 90 days only for suspending repossession whilst I sell it- if it doesn't get on the market soon I won't make the 90 days