Originally Posted by mark rs
hi
Thanks for the replies... i understand the ccj side of it and making offers,but my main priority if possible is selling my property after removing the ccj and charging order without paying this charge of £12000 ...What i propose to do is...
i'll try and explain as far as i am aware as we had a similar thing happen to us about 10 years ago regarding the ccj thing
Originally Posted by mark rs
1- set aside the ccj for £12000 i recieved 2 months ago on the basis that i didnt recieve the documents as i was letting my flat out(i only recently found all of these letters when tenant left)
This will cancel the ccj and then a new court date will be made to hear it.
it might not work like that if they are going to take the money directly from the sale, youneed to get legal about this matter so cab might be your bes bet for a free bit of advice
Originally Posted by mark rs
2- Hopefully the charge that is held against the flat will be null and void as the ccj is removed.
you need to get rid of the ccj against the property before you sell it, otherwise it will stay with it and the owner would be in the shit for it getting cancelled, lots of grief there as well as their soliciter will be in the shit for not spotting it in the first place (he should have done so if he was any good so this may point to the ccj not actualy being as legit as you owuld think, the soliciters find all sorts of stuff out because thats their job, if the ccj hasn't gone through properly you'll be off scott free basicly)
Originally Posted by mark rs
3- completion is only 2-3 weeks away so then sell flat before court case is held.
again, you have to think about the worst case scenario, if things go tits up the buyer will be perfectly within their rights to walk away and you'll be stuffed, and then they might be able to charge you for their costs
Originally Posted by mark rs
4- Run with the money and let them fight for it
could be done i suppose
Originally Posted by mark rs
so really i need info on removing ccj and if its possible to remove charge on the flat...i have a court date regarding the charge at the beginning of may,but if i remove the ccj by setting aside,im hoping they will not go ahead with the charge.
regards mark
legal minefield alert here
someone registered their hp on our property about 10 years ago
they then did a bunk
after a few months the letters started to turn up
we sent them back saying "not known at this address"
then the baliffs turned up one day and said they were able to cart away our stuff to cover the cost of the debt
the old man made a few phone calls and the ballifs said they'd be back in a few days
by pulling a few strings th eold man got everything sorted, i think he called the dvla as well as the old bill and his barrister mate as well as making it known to everyone he could
in this instance we were the innocent party and things nearly went against us, so if you are guilty then this may happen BEFORE you flog the property
on teusday i suggest you find out where the ccj was issued first and what dates etc and any letters they sent out and go from there, it ight even be that there will be a record on the police database to say that you defaulted on a payment (but then they would have pu out a warrant for your arrest) so this looks like it's going to either be really simple to sort or get really complicated