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Sparkle Chops

They want my house for a £1000 debt!

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Hi, I'm new to the forum, and have noticed there is quite a lot of advice on C L Finance and Cohen's Solicitors. The problem we have is that we have been advised of court proceedings for a debt of just over £1000. It is with C L Finance,who we have had no dealings with. We do not know what the debt is, as there is no information. Apparently a judgement was passed for the debt to be paid in full last year. We had no notification of this. They are intending to 'impose a charge' on the property we live in. Does this mean they intend to have our house repossessed? We do have some debts which we have not been in a position to sort out yet. Does anyone have any info on how best to deal with this please?

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Hi sparkle - welcome to CAG

 

Don't be over worried about the threat of a charging order. Your home is not about to become repossessed even if they managed to get a CO, it just means that when the house is sold they can claim the sum in the judgment off the top of the sale.

 

The first thing you have to do is to try & get the judgment set aside.

 

You say you had no knowledge of the CCJ taken out against you, so how & when did you discover it - through contact with Cohens, credit file search etc?

 

Have you moved house in the last 18 months or so i.e. could the summons have gone to the wrong address?

 

Do you know which court dealt with the claim? Was it perhaps Northampton? Have you asked the court to send a copy of the POC & judgment? If not, you need to do so asap.

 

Secondly:

Send a SAR to CL requesting all info they have on you, including a copy of your agreement & the notice of assignment. The template is here (amend to suit)

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Send a PO for £10.00. Do not sign, print or use digital sig. (it is not unknown for your sig. to be copied & pasted onto other docs) & send Rec. Del. They have 40 days to comply.

 

And in the meantime:

 

Do you know who the OC is on the debt? Is it a loan or a credit card?

 

Have you ever received a notice of assignment from the OC or CL?

 

Have you ever received a default notice from the OC?

 

Have you ever applied for a copy of your agreement from the OC?

 

Could there have been unlawful charges applied to the account? If so have you ever reclaimed them?

 

All the above info is necessary to get the judgment set aside & form a defence. Setting aside does not mean that the claimant has lost the right to claim, it just means it resets the clock to the issue of the claim & it is then up to you to present a valid defence.

 

However once an application for set aside is made, you can use that as a reason for dismissing an applic. for a CO (or indeed if the set aside is granted, it can be used retrospectively on the CO). You can't have a CO in place without first having a CCJ in place.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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