CCJ Query

RTS

I got a CCJ placed against me just over a year ago.

At the time I did not realise what this was, and when I rang my mortgage company that was placing it against me I was told that the letters I was getting was just a formality and not to reply or do anything.

It's only now when I'm trying to get a new mortgage I found out what it was.

I've now done a bit of research on the subject, and I am considering applying for it to be set aside. I am thinking about this as I did not reply to the court or attend the summons. Also the judgement is against me and my ex partner, but only I received a summons. And when looking more closely at what the judgement is for I disagree with the amount, I was only in 3 months arrears but the judgement is for the full value of the unsecured loan. I beleive that it should have only been for the arrears as I have continued to over pay on both my mortgage and loan since and am now in front on both.

Can anybody offer advise on this, and tell me if applying to get it set aside is advisable?

Thanks in advance

CCCS_Matthew

Hi there

Because the debt was in joint names either you are your partner are liable for the full amount, which means the creditor can apply to either party for the debt.

You said the mortgage company were the people that had sent you the CCJ, but mentioned the debt was unsecured. Is that correct? Was the CCJ issued in regards to a personal loan that was taken out with the same lender you have your mortgage with?

The really needs clarifying before any further advice can be given

Regards,
CCCS

RTS

Hi Matthew

The unsecured loan was part of a mortgage package from Northern Rock called the together Mortgage. They give a mortgage for 90% of the value and then give a unsecured loan for the other 10%. It was all clased as one, and I only made one combined payment per month. The CCJ was only took out against the unsecued part and not against both.

I hope this information is enough for you to give advise on. I am greatful for any advice you can give.

Thanks
Dean

CCCS_Matthew

Hi Dean,

Northern Rock together mortage's can be quite complicated due to the fact that some of the debt is secured and some is unsecured, despite there only ever being one payment that goes towards both. Do you still have your current mortgage with Northern Rock?

It is normal practice for any creditor to apply for the full amount for an unsecured debt via a CCJ rather than just the arrears. That should mean that once the CCJ is in place your payment each month to Northern Rock (assuming they are still providing the mortgage to you) would be just going to the mortgage if that makes sense?

I think it would probably be better to give us a call so we can discuss this in more detail with you. Our helpline number is 0800 138 11 11

CCCS

RTS

Hi Matthew

Yes I still have this mortgage at the moment and I still pay one payment that comes of both balances combined as it did before the CCJ. The only thing that has change is that the unsecured loan is now secured against the house.

What are your opening hours for you helpline as I can not use the phone whilst at work.

Thanks
Dean

CCCS_Matthew

I think with that in mind you would be better off speaking to one of our advisors directly. Our lines are open between 8am and 8pm, mon-fri

Regards,
CCCS

RTS

Ok thanks for you replys

Dean