Advice and help please

AMBERSHADOW

We have had a couple of letters regarding DEBT for just over 5.000 pounds which we knew nothing about.. till now, aparantley they have obtained a county court Judgment and a charging order on our house which also we knew nothing about till recently.

Now after speaking with someone on here I nw know its a restriction not a full charging order.

I have written to the company asking for proof this is our debt But nothing as yet as they want payment and threatening with selling our house which I know they can't do as it's jointly owned.

Now if I apply now for a set aside and the debt is my hubbys then we can not afford to pay off in one go and still would obtain a CJ. and it will be dated from the date of the court hearing, and this is already a CJ and over 1 year old already and I think they drop off after 6 is that right?
sO how do we go about all this please.. I am so worried about this

missal

Is the CCJ showing on your credit file or are they just threatening?

Missal x

AMBERSHADOW

YES it is and also there is a charge on our House

rog2

AMBERSHADOW wrote: »

Now if I apply now for a set aside and the debt is my hubbys then we can not afford to pay off in one go and still would obtain a CJ. and it will be dated from the date of the court hearing, and this is already a CJ and over 1 year old already and I think they drop off after 6 is that right?

It's not quite that simple, AMBER, but if you apply for a 'set aside' and a 'new' CCJ is granted, then you would be able to ask the Court for permission to pay at a rate that you can reasonably afford.

Have a look at the following link, to see how to go about getting a ccj 'set aside':

http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

And yes, CCJs remain on your crf for six years.

AMBERSHADOW

Thank you, But I still am very confused as to how this can go on and we know nothing .. this has been done the CJ on the 4th sept last year we had no court papers or nothing, it's only I have applied to the land registry for something else and this has come back..

Is it to late for a set aside as they already have a restriction now and can I have the restriction removed by court?

AMBERSHADOW

i have asked the solicitors involved to send all statements from the day this supposed debt was taken out..

rog2

AMBERSHADOW wrote: »

Thank you, But I still am very confused as to how this can go on and we know nothing .. this has been done the CJ on the 4th sept last year we had no court papers or nothing, it's only I have applied to the land registry for something else and this has come back..

Okay - I have to go to work now but, basically, you need to talk to the office of the Court where the CCJ was issued - it sounds as if you have a very valid reason for requesting a 'set aside' and they will happily talk you through the process, and supply you with the necessary forms.

Sorry I'm in a rush, but I will look in on your thread tomorrow to see how you get on.

AMBERSHADOW

Thank you so much .... Don't work to hard ..

I will update now for you as I have been reading other's posts on Cabot and see they buy statue barred debts so if this is his debt and was statue barred do you know how we will stand then? and they have taken court action?

Do the courts know about statue barred? as we have had no corespondence from these people at all..


Sorry about all the questions But I need to know all the details, I have emailed the company solicitor again requesting all statements up to the date of them taking all this action


Also what worries me is yes we can set aside But the cj has already done nearly a year and then it reverts back a year if we do this as if it's his debt we can't afford it outright so the cj would then be dated this year

RAS

Hi

If you have had no notification of the court action you can ask the court to set the CCJ aside and also the charging order. They will have got them because you did not defend the case.

I cannot understand how they got a charging order as they MUST have your current address to know what property against which to apply for the charging order and the have to send paperwork from the Land regsitry when they apply for the CO. Is the document you have received notice of an interim charging order or a final one? The interim one is pretty much a walk over in court for them if you have not paid the CCJ.

PLEASE, please speak to NDL or CCCS about this debt as you need some extra advice.

Rather than e-mail, you need to follow up with a formal written letter demanding all documents that the lawyers hold on your case. Do A SAR if neccessary.

If the debt is statute barred, the court will still award the case against you, unless you defend the case on the grounds the debt is statute barred. If the documents were sent to an old address, obviously you could not do this.

AMBERSHADOW

RAS wrote: »

Hi

If you have had no notification of the court action you can ask the court to set the CCJ aside and also the charging order. They will have got them because you did not defend the case.

I cannot understand how they got a charging order as they MUST have your current address to know what property against which to apply for the charging order and the have to send paperwork from the Land regsitry when they apply for the CO. Is the document you have received notice of an interim charging order or a final one? The interim one is pretty much a walk over in court for them if you have not paid the CCJ.

PLEASE, please speak to NDL or CCCS about this debt as you need some extra advice.

Rather than e-mail, you need to follow up with a formal written letter demanding all documents that the lawyers hold on your case. Do A SAR if neccessary.

If the debt is statute barred, the court will still award the case against you, unless you defend the case on the grounds the debt is statute barred. If the documents were sent to an old address, obviously you could not do this.

We hae had no paperwork at all Ras for either the charging order or the cj all we have had is letter's frm a solicitor telling us they have this and they want full payment.. which we knew nothing about.

I don't know who cabot are or who they are representing for this amount.

But t both orders are over 1 year old.

I am now waiting for all statements we have requested to see exactly what this is for and when and if we have ever made payments

Fire_Fox

I think if there is a charging order on your house this will remain unless you get the debt set aside. Good luck with sorting this all out and keep posting!