Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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Thread: Court summons

  1. #1
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    Default Court summons

    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

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  2. #2
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    Default Re: Court summons

    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 interesticon in the property.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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    Default Re: Court summons

    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


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    Default Re: Court summons

    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?

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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    Default Re: Court summons

    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.


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    Default Re: Court summons

    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 DCAicon's etc. do sometimes visit this site.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE