Court summons

[fedupwithmuppets]

Hi all just got a court summons for one of my husbands debts, but he is no longer in the country, could i just send this back to the court with no longer at this address? Could the court put a charge on the house without him being there as the house is in his name? Any ideas as to what the court will do? many thanks

[tiglet]

Hi

Can you give a few more details about what the debt is for?

If it is an unsecured loan, and a CCJ is issued and defaulted on then yes, they could put a charge on the house if he has an interest in the property.

[fedupwithmuppets]

Hi tiglet thanks for the quick reply, yes it is for an unsecured loan of £5k approx with creation finance when he bought a car from carcraft. I sent them a cca and it seemed ok from what i'd read, however, the amount doesn't seem right. So i'm undecided as to what to do whether to dispute the claim on his behalf and offer them a £1 a week as that is what he will be able to afford (all of which he can prove), or to just send it back saying that he no longer lives here. What will it mean if they put a charge on the property as it is going up for sale shortly but even when its sold there will still be money owing on it as its in negative equity. thanks again

[tiglet]

A charge can only be put on a property if a CCJ has been obtained and defaulted one - no need to worry about that right now

You say you think the CCA is valid - can you post it up, omitting identifying details so that others can give their opinion too?

[fedupwithmuppets]

ill try and scan it...not much of a pc wiz so be patient. Sorry to be numpty but what do you mean by your first sentence? Do you mean that if i send the summons back with the details and they accept £1 a week then he defaults they can put a charge on the property, or do you mean that if i send the summons back as no longer at the address they can put a charge on the property? Sorry i know i'm a bit thick but i just need to be clear.

[tiglet]

You're not being thick at all - I've only picked it up after spending countless hours on this site.

If the acknowledgement of service and defence are not submitted, the creditor can ask for judgement in default- or - if these are submitted, it goes to an hearing and the judge lodges a CCJ anyway, and the terms that the judgement states are not complied with i.e. payments are not made in accordance with the terms of the judgement, then the creditor can apply for a charging order to be made against the property.

Do you have a scanner? if not, your local library or community cafe may well have one. Photobucket is a good way to post documents. Please ensure any identifying details are removed as DCA's etc. do sometimes visit this site.