CCJ.d unfairly

suzannah

Hi,
Eight years ago, my husband died in hideous circumstances , and the bereavement that followed, left me in a financial, and mental mess.
I was taken to court, for non-payment, but couldnt go , or answer the charges, as I was in a mentally incapable state.

I now want to sell my house but I have two charges placed on it due to that time
The first is with Nissan finance( the car was a Nissan)

I got made redundant, and couldnt afford the repayments.

Although I had paid more than half on my hire purchase agreement, my car was repossessed, and I was taken to court for the balance of the payments, when I didnt pay( I couldnt) , a second hearing let Nissan Finance put a charging order on my house.
Nissan Customer services, couldnt talk to me, only through their solicitor, MAB.
.
I did have redundancy insurance ,supplied through Nissan, but they didnt pay out,for the initial period, I was out of work, as I hadnt "signed on", but I couldnt, due to my mental state sign on for work!
The car was repossessed, and sold at auction for a very small amount, against its true value, and I havent been able to find out exactly how much.

My question is this, as the court order is probably for an incorrect amount, can this be quashed?How do i go about that?
Can I insist they take me to court again , for the correct amount owing?
am well enough now to stand up for myself.

Would the terms of the insurance be deemed unfair, as I was incapabale of "signing on" to meet their criteria for payment?

I didnt receive the Default Notice until after the Court hearing, sureley I can do some thing about this? What if anything can i do ?

I have done the obvious and checked to ensure that the Hire Purchase Agreement is valid,and it is.

I would be very grateful for some guidance to sort this out!

Regards
Suzannah, still fuming at this injustuce...
:mad:

Inbetweener_2

I have been trying to do something similar and I would suggest speaking to National Debtline + taking a look at the advice I have recieved so far (click on view other posts by me - not sure how to add a link).

Tixy

Hi suzannah and welcome

I'd agree with inbetweener this is obviously a rather complex issue (charging orders usually are) and national debtline are really good at the legal aspects of things - you can contact them by phone or email and they may well be able to give you some advise.

suzannah

Thankyou so much!

I will contact them now...

housebuyer_abc

I'd definetly contact debtline, but also the charging orders won't stop you selling your house unless the amount you sell for is less than the mortgage and charges