Urgent Help Needed

Queen

but is it not possible to BR even when a judgement is in place

blind-as-a-bat_2

Yes, but if they manage to get the charging order, as some courts are allowing, at the same time as the judgement it would be too late then as that would still stand after BR.

I have already said the risks are slim that it will happen, but if you can prevent any chance of it happening at all, it is the best way to deal with this, otherwise it means going BR wont get rid of this debt, it will still be there charged on your property

peachyprice

Yes it is, but once the CO process has begun it is very difficult to stop. They can attempt to enforce the CO even if you are BR and the OR will not necessarily be much help getting it stopped or removed.

This has happended to my OH and we have a CO for £9k made final after BR, we wrote to the court to have it removed, but they said the OR has to apply, we wrote to the OR but they have done nothing about it, so it's still in place.

It is far easier to not let it get that far in the first place.

blind-as-a-bat_2

Queen, we cant tell you what to do, but can say what we believe is the best way to deal with it, based on the knowledge we have gained over the time we ourselves have gone through what you are going through.

The choice is yours, but we are only trying to help you avoid pitfalls others have fallen into.

Things are hard enough right know, we know that, and the last thing you need is anything making them tougher

Queen

ok so received claim form what do I need to do to delay the time

blind-as-a-bat_2

Just send those letters (ammended where needed), then sit and wait or get on with going BR, whichever you choose, then before the 14 days is up log on to Mcol, and file your AoS saying you wish to defend all of the claim, thats all you need do for now.

What you would do next after that will depend on whether you decide to go BR or not, and what you get back from those letters, if anything.

If you get nothing, or incomplete/wrong documents, you can file an embarresed defence 14 days after your AOS

Queen

spoke with court I have until the 14th Nov to acknowledge on line that I want more time and upto the 28th to get claim form to then but surely I am agreeing to claim and not disputing this or have I get it wrong I cann't even think today I have a chest infection, bad head and its all getting on top of me sorry

blind-as-a-bat_2

Queen wrote: »

spoke with court I have until the 14th Nov to acknowledge on line that I want more time and upto the 28th to get claim form to then but surely I am agreeing to claim and not disputing this or have I get it wrong I cann't even think today I have a chest infection, bad head and its all getting on top of me sorry

No your not agreeing to it until you see proof they have the right to claim, that is a valid CCA (consumer credit agreemant), a valid Default notice, you could also question the amount of the claim if penalty charges have been added/included in the claim, so no you never just admitt a court claim.

Just because you took a loan out, does not mean they have the correct documents, and have followed the correct procedure to enable them to enforce it in court;)

So first thing you do is get them to prove they have a claim

Queen

thay have sent me a default notice and copy of cca

blind-as-a-bat_2

I have sent you a PM Queen, but is there any way you can scan what they have sent, removing all identifiable bits of course, so we can see if its valid?