Ccj and agreed notice help

mark4765

Hi all

Firstly,i have been browsing through this site for a while and would like to say what a great site this is for helping those in need,and hopefully someone can help me with my predicament... To cut a long story short,i have recently decided to sort myself out financially and become debt free,this started 3 months ago with reclaiming bank charges to pay some debts off which is going through now.I then decided to move in with my partner and put my flat up for sale and this is now 2-3 weeks away from completion...my problem is,around 6-7 years ago i entered a hp agreement for a car which was around £7000,this car had a expensive warranty supplied by the hp company,but when the engine had complete failure they wouldnt honour the replacement...anyway,at the time i wasnt happy and although probably not the right thing to do,i stopped the repayments,and after initial letters from them it went quiet for years...until now all of a sudden when i have a buyer for my property,i recieve a letter from northampton crown court telling me that i have a ccj claim against me for £12079... now,2 weeks from completion of the sale of my property i have a letter from the land registry telling me there is a application for a agreed notice which i assume means that they get paid out the money when its sold,although i have a court date for this at the begining of may :rolleyes: ...This has come as a bit of a shock as i wasnt living at my flat where the court documents arrived and could not respond in time,as i was letting the property out ...How do i handle this situation,as i want to contest the original claim... Can i apply to set the judgement aside and prepare a case??? Can the agreed notice be removed while this is in action so i can sell my property??? Any help appreciated

regards mark

mark4765

Bttt :easter_os

rog2

You say that you were unaware of the CCJ. This being the case, then you should contact the court and inform them - they will tell you what your rights, regarding an application to have the judgement set aside, are.
If the debt was in dispute, at the time of the CCJ, then you can use this in your defence.
Was it the original creditor, or a DCA, who obtained the original CCJ?
I am surprised that you did not know of the CCJ, as you SHOULD have received a County Court Summons, at which time you could have entered a defence, AND a notification of the CCJ, when, again, you would have had the chance to dispute the claim, or make an offer of payment.
In saying that, Northampton County Court is used a a 'bulk handling court' and it is NOT unheard of for paperwork to have gone astray.