What's the process for paying a CCJ attached to my home?
wesley1414
Forumite 6 Posts
Hi all,
I have a CCJ against my home - it was entered at around £14,000 and through payments, currently stands at approx £11,300.
I am now selling my property and have accepted an offer. The offer more than covers the outstanding mortgage and this CCJ with plenty left over.
This is the first time I have ever sold a property and I am just curious about the process now (specifically regarding the CCJ) and wondered if anyone could help me with the following questions, there are a couple of things to take into account:
So, my questions:
1. Does the appointed solicitor settle the outstanding debts upon sale (mortgage / CCJ)?
2. Is there any risk of CCJ overpayment? Could the 'original' CCJ amount of 14k be settled through the court despite the fact I've been paying towards it?
3. Who is the payment made to? The county court? The original creditor? The collection agent?
4. Is the fact that the charge is to 'Alliance & Leicester', but the debt is technically owed to 'Santander' going to cause an issue? (appreciate this sounds like a silly question, with them being one and the same effectively, but just want to be sure that a different name showing won't cause a problem).
5. Finally, Should I let the court / Santander / collection agent know in advance of the anticipated and expected sale and settlement?
Turned a bit lengthier than I originally anticipated! But if you have any insight I would greatly appreciate it.
Thank you.
I have a CCJ against my home - it was entered at around £14,000 and through payments, currently stands at approx £11,300.
I am now selling my property and have accepted an offer. The offer more than covers the outstanding mortgage and this CCJ with plenty left over.
This is the first time I have ever sold a property and I am just curious about the process now (specifically regarding the CCJ) and wondered if anyone could help me with the following questions, there are a couple of things to take into account:
- The CCJ was issued by Alliance & Leicester - This is the name on the 'charges' section of the property title deed.
- Alliance and Leicester were then acquired by Santander, who now send me the payment statements. But 'Santander' does NOT appear on the property title deed.
- The payments are made through a collection agent (Shoosmiths) - I can clearly see these payments being allocated to my account on the Santander statements.
So, my questions:
1. Does the appointed solicitor settle the outstanding debts upon sale (mortgage / CCJ)?
2. Is there any risk of CCJ overpayment? Could the 'original' CCJ amount of 14k be settled through the court despite the fact I've been paying towards it?
3. Who is the payment made to? The county court? The original creditor? The collection agent?
4. Is the fact that the charge is to 'Alliance & Leicester', but the debt is technically owed to 'Santander' going to cause an issue? (appreciate this sounds like a silly question, with them being one and the same effectively, but just want to be sure that a different name showing won't cause a problem).
5. Finally, Should I let the court / Santander / collection agent know in advance of the anticipated and expected sale and settlement?
Turned a bit lengthier than I originally anticipated! But if you have any insight I would greatly appreciate it.
Thank you.
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Replies
The law is like an ocean - have a swim but don't drown.
Your solicitor will arrange for the outstanding balance on the Charging Order debt to be paid from the equity realised by the sale. The creditor holding the charge will then agree for it to be lifted and the sale can be completed. Any equity left over is then transferred to you.
More than a third of IVA`s fail....fact.
Could A Debt Relief Order help you ?
Never pay a fee for a Debt Management Plan.
For free non-judgemental debt advice, contact either : Stepchange, National Debtline, or CitizensAdviceBureaux.
However, if the property is owned as joint tenants or tenants in common - more than one owner - then it's not a charging order, it's what's called a restriction.
To answer your querstions
1. yes
2. no, your soli8citor will get a settlement figure from creditor
3. believe payment would be made to collection agent
4. no, it should not
5. I would not bother informing them, leave it to solicitor.
Also, the CCJ will be against you, not your property.