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irishboy

Just wondering.......

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I bought a car on finance in 1997 but couldnt maintain the payments and the car was repossessed in 1998. The company concerned ended up getting a decree (CCJ) in 2002 ( although I wasnt aware that it had gone to court until this year )and there is currently an inhibition order attached to my property.

The thing is, I am in the process of selling my house which is due to complete at the start of Feb. As far as I am aware they are supposed to get their £6K out of the proceeds but my solicitor has already done the land registry checks and hasnt mentioned that i will need to pay this debt.

 

I have read some of the comments regarding unenforcable agreements. Do you think that I should request some paperwork to see if this is enforcable or does it not matter because a decree (CCJ) has already been awarded.

 

Many Thanks

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Hmm:?: If you weren't aware of the CCJ, then you can get this set aside, then go for the CCA.

The only reason that they were able to get a CCJ against you is because you weren't their to defend and ask the relevant questions.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It appears the CCJ is now more than six years old. This means it has disappeared off any official records. Effectively you don't have it any more.

 

If you try to have it set aside no-one will know about it.

 

As far as paying the 6K from the proceeds of your house sale your solicitor will have looked for what are called charging orders. If he hasn't found one then there almost certainly isn't one (unless he is incompetent).

You can check this yourself on the land registry web site. It costs a small fee (£3 when I did it a couple of years ago but it's probably gone up a bit by now).

 

www.landregistry.gov.uk


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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It appears the CCJ is now more than six years old. This means it has disappeared off any official records. Effectively you don't have it any more.

Yes sorry, well spotted, beer 'o' clock methinks;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I will check with the land registry but think there probably is an inhibition order registered as sheriff officers presented me with a copy in January this year.

 

I might be wrong but what I was thinking was - although the CCJ is now no longer recorded, if the original agreement was unenforcable then I could try and get the CCJ set aside and subsequently the inhibition notice.

 

I didnt defend the CCJ because I had moved address and the CCJ must have been served at my old address as I knew nothing about it.

To be honest, I couldnt have defended it anyway as I was not in a position to clear the debt.

 

Any thoughts?

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What CCJ? There is now no official record of it. If you apply to have it set aside your application will not be accepted because there is no record of it any more.

 

As for the charging (inhibition?) order I would double-check with your solicitor and also check with the Land Registry.

What does the inhibition order say?

 

From the words you use it sounds as though you are in Scotland - true?


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi Palomino.

 

Yes. I am in scotland. I have just requested a search via the land registry to confirm if there is an order in place. This will take a few days before I get the answer.

 

I received a Schedule of Inhibition notice in Feb this year from Sheriff Officers stating that I am not allowed to sell or dispose of my property to the prejudice of Proton Finance.

Attatched is a copy of the application stating that a decree was granted on 29/08/2002. This is the first time I was aware of a decree.

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Hi Palomino.

 

Yes. I am in scotland. I have just requested a search via the land registry to confirm if there is an order in place. This will take a few days before I get the answer.

 

I received a Schedule of Inhibition notice in Feb this year from Sheriff Officers stating that I am not allowed to sell or dispose of my property to the prejudice of Proton Finance.

Attatched is a copy of the application stating that a decree was granted on 29/08/2002. This is the first time I was aware of a decree.

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I see your point. I'm very surprised that your solicitor han't picked up on this. You need to talk to him urgently.

 

From what you have said here you shouldn't even be contemplating selling your house until the issue of the Inhibition Order has been resolved.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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