Mark_w

Hi all

Firstly,If anyone has first hand experience then please reply,but please only reply if information is known to be correct...To cut a long story short,i have recently decided to sort myself out financially and become debt free,this started 3 months ago with reclaiming bank charges to pay some debts off which is going through now.I then decided to move in with my partner and put my flat up for sale and this is now 2-3 weeks away from completion...my problem is,around 6-7 years ago i entered a hp agreement for a car which was around £7000,this car had a expensive warranty supplied by the hp company,but when the engine had complete failure they wouldnt honour the replacement...anyway,at the time i wasnt happy and although probably not the right thing to do,i stopped the repayments,and after initial letters from them it went quiet for years...until now,as if they know im selling,all of a sudden when i have a buyer for my property,i recieve a letter from northampton crown court telling me that i have a ccj claim against me for £12079... now,2 weeks from completion of the sale of my property i have a letter from the land registry telling me there is a application for a agreed notice from them which i assume means that they get paid out the money when its sold,although i have a court date to finalise this at the begining of may ...This has come as a bit of a shock as i wasnt living at my flat where the court documents arrived and could not respond in time,as i was letting the property out ...How do i handle this situation,as i want to contest the original claim... Can i apply to set the judgement aside and prepare a case??? Can the agreed notice be removed while this is in action so i can sell my property??? In a ideal world,i would like to set aside the ccj until a further hearing,remove the order for the charge on my property,sell my property and then sort out the debt later...i doubt its as easy as that though Any help appreciated

regards mark

Mr S1

iTrader: (2)

The CCJ will accrue interest from the date of Judgement mate, irrespective of whether you knew about it or not. It sounds like theres also a charging order against your property to secure the debt which they won't lift until the debt is settled. But you can't settle it until the property is sold. Catch 22. If your solicitor sends them an undertaking that they'll get paid once the sale goes through then they may. There's usually some room for negotiation.

HOT RGB

As so long ago, unsure about the interest issue, but they have put a charge on your property, which means they need to be paid on completion of your sale, via your solicitor. Ask them for a settlement figure, you will probably find it will be half the original debt, as they will want the money back asap, but then again as it secured you may have a battle. Tell the creditors that they will have to accept a low settlement figure otherwise you wont sell your flat and they could be waiting forever for the money. Oh...and dont take there first offer of a settlement figure, half it again and you will be suprised what they agree to. So, if the debt was 12k, there settlement fig would be say 6k, offer them 3k!!! you cant loose!. Whatever you agree get it in writing and a CCJ stays on for 6 years on your credit profile and once the debt is paid apply to the court for a satisfaction notice cost you £15 but will improve your credit big time. HTH

Rich

scottbrown

My understanding is though that they cannot put a charge against the hose.the hp was secured on the car not on property. ask them for a settlememnt to pay straight away as it will be less than the total amount.

contact CAB mate very good with things like this.

ivorbiggun

If they obtained a CCJ for non payment it can.

dojj

iTrader: (3)

agreed

the car is the security against the loan, but if it's not been paid then they should get the car back
if the car goes back then things get settled (within reason but you'll still have a black mark against your name which is the ccj against the address you registered with them, the new owners will have to get this sorted as this can cause all sorts of problems in the future for them as well)
did you give them the car back or did you just stop paying them?

Mark_w

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...

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.

2- Hopefully the charge that is held against the flat will be null and void as the ccj is removed.

3- completion is only 2-3 weeks away so then sell flat before court case is held.
4- Run with the money and let them fight for it

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

northerner

Why didn't the hp company honour the warranty?

dojj

iTrader: (3)

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

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

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)

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

could be done i suppose

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