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old Natwest card CCJ/CO - sold house - sols forgot to pay it - they now want paying?


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Hi,

 

A few months ago I sold my house.

 

It had a charging order attached, worth £2000 ( for a ccj on a credit card). I informed the solicitor that was dealing with the sale and sent them details of who they had to pay, (Nat West). There was enough equity to pay for this.

 

The house sale went through without a hitch but I did notice that the charging order was not itemised on the final sale of house statement that the solicitor sent me.

 

Now, a few months down the line, the solicitor has contacted me to say they made a mistake and did not pay the charging order and can I send them £xxx to clear it.

 

The problem is I can't now pay the full amount. What should I do? I want to clear the debt and am thinking to ask that a payment plan is set up for £xx per month till the debt is paid. Will the bank accept this?

 

And what is the solicitor's role in this now, seeing as they have made the mistake? Should I make a complaint? And what happens to my credit record?

 

Sorry for all the questions!!! Thanks in advance for any advice.

 

Cheers,

 

BAE :smile:

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I think you could possibly kick up a stink as you had specifically instructed that the CO be paid. I have left a message for others who might be able to advise further.

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It sounds like the solicitor has been negligent here. You can certainly make a complaint. However I'm not sure you could prove that this negligence caused you financial loss. Perhaps the legal ombudsman would advise the solicitor to pay you some compensation but it might not be very much.

 

I think you are probably still liable to pay the money to the bank. Although the bank could not enforce the CCJ if it is more than 6 years old without getting court permission. Telling the bank what has happened and offering a payment plan sounds sensible ... the bank basically has just an unsecured debt.

 

I don't think this will affect your credit record, as the original CCJ should still drop off after 6 years.

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