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CCJ can they come after her?
Misteek
Posts: 201 Forumite
Hi guys
A friend of mine got a CCJ on her account for not paying her car finance.. not sure I id's through a car company or the bank.
Car has been taken off her....
If she can't pay the full amount of the car which is 30k or something. Can they come after her share of the house she has ??
A friend of mine got a CCJ on her account for not paying her car finance.. not sure I id's through a car company or the bank.
Car has been taken off her....
If she can't pay the full amount of the car which is 30k or something. Can they come after her share of the house she has ??
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Comments
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Just to clarify, this lady had her car repossessed, usually that would be the lender who went to court and started the repossession process, and the car has now be taken from her.
It will be sold at auction and funds will be credited against what is owed on the vehicle.
If there is a shortfall debt, she will be liable for it, but it would just be another unsecured, non priority debt to be serviced.
No they cannot "come after" her house, the loan was secured on the car, not her house.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
So was the court order an order for return of goods?
Or a money judgement for the resulting shortfall?
You start off by inferring the latter but then say that the balance has not been determined yet, making it sound like the former.1 -
Oh great thanks for the clarification.sourcrates said:Just to clarify, this lady had her car repossessed, usually that would be the lender who went to court and started the repossession process, and the car has now be taken from her.
It will be sold at auction and funds will be credited against what is owed on the vehicle.
If there is a shortfall debt, she will be liable for it, but it would just be another unsecured, non priority debt to be serviced.
No they cannot "come after" her house, the loan was secured on the car, not her house.
Yes the lender taken her to court for the shortfall.
Their trying to work out what she can afford and how. She really can't afford that much to pay monthly. That's why she's worried.0 -
No need for her to worry, as said, it becomes just another non priority debt that she can budget for out of what money she has available.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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Provided she agrees with the balance claimed, she should respond to the claim form within the 14 days (28 if she acknowledges service) and show what she can afford as a monthly payment.
She can run the figures past us first if she wants, but must stick to the court timescale
https://nationaldebtline.org/get-information/guides/replying-to-a-county-court-claim-ew/
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