Bought debt help

GeorgeUK

Hi littlun - been away for a few days.

Looks like your huband may have received the Order from July 2008 and not requested it be set aside but instead offerred a payment. If he didn't do the request and didn't make the payments on the newly enforced CCJ, there's not much i know of that you can do.

Here's a few info snaps to keep in mind.

The house is in joint names but the debt is in my name
If the debt is in your sole name, but you own the house in joint names with someone else, they have the right to tell the court all the circumstances and why they would suffer hardship if a charging order is made. They should have been sent a copy of the interim charging order and given an opportunity to go to the hearing to put their points. For example:

Who paid for the deposit to buy the home?
Who has made the mortgage payments since?
If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.
If a charging order is made by the court, then it will only apply to your share of the property.

http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php#4

littlun

Thanks, George (and hope you had a good few days away).

No, he didn't receive any of the recent orders. I rang the court and they were sent to an address we left in 1999 (despite the fact that Willmetts were obviously aware of our current address).

My husband had responded to a "threatening" letter in 2007 and nothing has been done since.

Since the debt is now (inc. charges) "only" £4,200, and in sole not joint names, CCCS say it's highly unlikely that the creditor will force a sale, particularly if we make payments (as part of the DMP) in the meantime, so I think that's the route we're going.

Thanks again for all your help.

RAS

littleun

Please can you check with NDL whether you can get the CCJ set aside, because the paperwork was sent to an old address despite the creditor knwoing your new address? It might be possible.

littlun

Thanks, we did discuss this, but (and I can't quite remember why now), but it would be unlikely. Probably because my husband, even though he didn't receive the judgments, was fully aware of the situation.

GeorgeUK

Even if your husband was aware of the situation, the fact doesn't change that they did not pursue the debt for well over 6 years and had your correct address but sent the paperwork to the old address.

There is absolutely no reason that the court documents should not have been sent to you if they had your address in 2007 and you have not moved since.

littlun

Even if your husband was aware of the situation, the fact doesn't change that they did not pursue the debt for well over 6 years and had your correct address but sent the paperwork to the old address.

Well, the last payment on the attachment of earnings was made in 2002. Then there was nothing until 2007 - the letter my husband responded to with another payment offer (which was accepted) and then never followed up on... until now.

There is absolutely no reason that the court documents should not have been sent to you if they had your address in 2007 and you have not moved since.

Well, there is: they didn't want us to know about the charging order until it was too late! I rang NDH again last night because this was niggling at me, but they basically said it was hard luck (they seemed a bit puzzled that I thought it was even an issue).

Our only option now seems to be to file our objections to the court:

* the fact that they didn't send us the orders and so we couldn't object
* DMP and preference
* joint mortgage, sole debt
* conditions on the charging order (not to apply for an order for sale at least until our kids have left home) (although they did assure me that a forced sale would be highly unlikely, particularly on such a small sole debt on a joint mortgage).

Anyway, I'm not happy about any of it, but I've come to terms with it (although it does seem particularly unfair to me, but I suppose that's what "for better or worse" means).

Thanks again for all your help.

GeorgeUK

If you need any input for filing the objections, i'm sure there are a few on the board that have done this and can assist. I would definately request the CCJ to be set aside as all this has come about from their inaction - not yours. You will also need to fill in that charging order objection before the time runs out.

Hope you can get this sorted.
good luck.

GeorgeUK

Shinyhead corrected one of my posts yesterday on CCJ's and pointed me towards a link provided by blind-as-a-bat. Possibly food for thought - did they ever get back to you with a copy of the CCA?
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127800-some-good-news-share-2.html?highlight=CCJ