Interim Charging Order on Mortgage shortfall
Options
John23421
Posts: 2 Newbie
Please help me...
I had a court order (CCJ) against me back in May 2006 for a house worth £220k. The house was sold in 2010 and there was a shortfall of £35k. Yesterday I received an interim Charging order (dated 21/11/2018) on my new house from the solicitors of the lender dated 1/2/2019. Their application to the courts was at the beginning of Nov 2018.
They used the CCJ of May 2006 to make their application. This order is not in the register of judgments and not in my credit file.
I have never made any payment towards the shortfall.
I am considering writing to the court to set aside the interim charging order on the grounds that the CCJ of 2006 is now statute barred and not enforceable. The 12 years they had to legally enforce the judgement passed in May 2018. Shouldnt there be a new CCJ for the 35k debt?
Should I also send a letter to the solicitors advising them that this debt in unenforceable?
Also, the Council of Mortgage Lenders says anyone whose property was repossessed and sold and who has not been contacted by their lender within six years from the date of sale will not be asked to pay the shortfall.
Am I correct in my thoughts?
I had a court order (CCJ) against me back in May 2006 for a house worth £220k. The house was sold in 2010 and there was a shortfall of £35k. Yesterday I received an interim Charging order (dated 21/11/2018) on my new house from the solicitors of the lender dated 1/2/2019. Their application to the courts was at the beginning of Nov 2018.
They used the CCJ of May 2006 to make their application. This order is not in the register of judgments and not in my credit file.
I have never made any payment towards the shortfall.
I am considering writing to the court to set aside the interim charging order on the grounds that the CCJ of 2006 is now statute barred and not enforceable. The 12 years they had to legally enforce the judgement passed in May 2018. Shouldnt there be a new CCJ for the 35k debt?
Should I also send a letter to the solicitors advising them that this debt in unenforceable?
Also, the Council of Mortgage Lenders says anyone whose property was repossessed and sold and who has not been contacted by their lender within six years from the date of sale will not be asked to pay the shortfall.
Am I correct in my thoughts?
0
Comments
-
Was this not already posted somewhere else?
No, the judgement is not statute barred, you still owe the money and it is still enforceable.
You need to make a plan to pay it back so it’s worth you posting a statement of affairs so people can give you advice as to where you can make savings.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards